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Smt. Kaushalya Devi Bogra And Others Etc vs The Land Acquisition Officer, ... on 15 February, 1984
cites
Article 136 in Constitution of India [Constitution]
Article 141 in Constitution of India [Constitution]
Section 4 in The Land Acquisition Act, 1894 [Entire Act]
Prithvi Raj Taneja vs State Of Madhya Pradesh And Others on 18 January, 1977
Two principles relating to the matter of fixation of
compensation relevant for the present purpose may be kept in
view. When large tracts are acquired, the transaction in
respect of small properties do not offer a proper guideline.
Therefore, the valuation in transactions in regard to
smaller property is not taken as a real basis for
determining the compensation for larger tracts of property
(see Prithvi Raj Taneja v. State of Madhya Pradesh and
Ors(1).; Padma Uppal etc. v. State of Punjab & Ors(2). In
certain other cases this Court indicated that for
determining the market value of a large property on the
basis of a sale transaction for smaller property a deduction
should be given.
The Special Land Acquisition Officer, ... vs T. Adinarayan Setty on 7 November, 1958
In Special Land Acquisition Officer,
Bangalore v. T. Adinarayan Setty, (3) a reduction of 25%
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was indicated while there are certain other cases where the
view is that the reduction should be to the extent of 1/3.
Again, in the very scheme for fixation of compensation
provided by the Land Acquisition Act there is bound to be
some amount of arbitrariness. The acquisition is deemed to
be a statutory purchase and on the basis of evidence the law
requires an assumed consideration to be determined. Keeping
in view the fact that acquisition is of compulsory nature, a
solatium of 15% on the valuation is provided. Bearing these
considerations in view and taking into account the fact that
the lands in question were located in a developed part of
Aurangabad and had considerable potential value, we proceed
to fix the market value of the property. One acre of land is
equal to 4840 square yards. The learned Civil Judge had
maintained a distinction between the two classes of lands.
We take note of that fact also in the matter of determining
the compensation. We, however, do not propose to indicate
separate valuations for the two classes of lands. Taking an
overall picture of the matter, we direct compensation to be
fixed at the rate of Rs. 1.50 per square yard or Rs. 7260
per acre for all the lands of the present appellants
acquired by the notification in question. Over and above
this amount, the appellants shall be entitled to statutory
solatium of 15% as also interest at the rate of 6% per annum
on the additional compensation from the date of
dispossession till payment thereof. We direct the Collector
to work out the compensation on the basis indicated above
within two months from today. If the amount so determined is
not paid within three months thereafter, the interest on the
additional compensation shall be at the rate of 12% per
annum till payment is made.
Section 3 in The Land Acquisition Act, 1894 [Entire Act]
Article 41 in Constitution of India [Constitution]
Article 133 in Constitution of India [Constitution]
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