Search Results Page
Search Results
1 - 10 of 14 (0.61 seconds)
Sagireddy Venkata Subba Reddy Pedda ... vs Land Acquisition Officer/Revenue ... on 3 October, 2024
cites
Section 6 in The Land Acquisition Act, 1894 [Entire Act]
Union Of India vs Dyagala Devamma . on 25 July, 2018
18. The Hon'ble Supreme Court in cases of Chamanlal Hargovind Das V.
S.L.A.O. (supra), Bhupal Singh Vs. State of Haryana,4 Manoj Kumar and
others (supra), Union of India V. Dyagala Devamma and others 5 and
Bhupal Singh V. State of Haryana and others6, specifically considered a
similar question of determination of market value under Section 23 of the Act
and held that the market value of the acquired land is required to be
determined based on the market rate of the adjacent land similarly situated to
the acquired lands prevailing on the date of acquisition or/and before the
acquisition but not subsequent to the date of acquisition.
Section 23 in The Land Acquisition Act, 1894 [Entire Act]
Section 4 in The Land Acquisition Act, 1894 [Entire Act]
Manoj Kumar & Ors vs State Of Haryana & Ors on 23 February, 2023
17. The first factor provided in Section 23(1) of the Act specifically provides
that for determining the amount of compensation to be awarded for land
acquired under the Act, the Court shall take into consideration the market
value of the land at the date of publication of the Notification in the Gazette
under Section 4(1) of the Act. Thus, the market value of land acquired under
the Act has to be determined by the Court as of the publication date of the
Notification in the Gazette under Section 4(1) of the Act. This view is
supported by the law laid down by the Hon'ble Supreme Court in the case of
9
Chamanlal Hargovind Das V. S.L.A.O. 1 , Union of India vs. Dyagala
Devamma and others2, Manoj Kumar and others V. State of Haryana and
others3.
Bhupal Singh & Ors vs State Of Haryana on 1 April, 2015
18. The Hon'ble Supreme Court in cases of Chamanlal Hargovind Das V.
S.L.A.O. (supra), Bhupal Singh Vs. State of Haryana,4 Manoj Kumar and
others (supra), Union of India V. Dyagala Devamma and others 5 and
Bhupal Singh V. State of Haryana and others6, specifically considered a
similar question of determination of market value under Section 23 of the Act
and held that the market value of the acquired land is required to be
determined based on the market rate of the adjacent land similarly situated to
the acquired lands prevailing on the date of acquisition or/and before the
acquisition but not subsequent to the date of acquisition.
Administrator General Of West Bengal vs Collector, Varanasi on 16 February, 1988
20. At this juncture, it is pertinent to refer to the decision of the Hon'ble
Supreme Court in Administrator General of West Bengal V. Collector 7 and
1
(1988) 3 SCC 751
2
(2018) 8 SCC 485
3
(2018) 13 SCC 96
4
(2015) 5 SCC 801
5
(2018) 8 SCC 485
6
(2018) 13 SCC 96
7
MANU/SC/0008/1988
10
after that, in Ram Kanwar V. State of Haryana 8 has held that given the
statutory intention behind the term market value, the natural chronology is that
the sale exemplar reflecting the price paid by the willing buyer to a willing
seller would be the most relevant piece of facts for determining such value.
Ram Kanwar vs State Of Haryana on 27 November, 2014
20. At this juncture, it is pertinent to refer to the decision of the Hon'ble
Supreme Court in Administrator General of West Bengal V. Collector 7 and
1
(1988) 3 SCC 751
2
(2018) 8 SCC 485
3
(2018) 13 SCC 96
4
(2015) 5 SCC 801
5
(2018) 8 SCC 485
6
(2018) 13 SCC 96
7
MANU/SC/0008/1988
10
after that, in Ram Kanwar V. State of Haryana 8 has held that given the
statutory intention behind the term market value, the natural chronology is that
the sale exemplar reflecting the price paid by the willing buyer to a willing
seller would be the most relevant piece of facts for determining such value.
Viluben Jhalejar Contractor (D) By Lrs vs State Of Gujarat on 13 April, 2005
25. The Hon'ble Supreme Court in Viluben Jhalejar Contractor V. State
of Gujarat 9 has held that in comparable instances of land, for determining
market value, proximity should be determined from time and situation angle.
No mathematical accuracy is required. Further purpose for which acquisition is
made is also relevant factor for determination of market value and must be
taken into consideration.