roads, water supply mains, electricity etc., the deduction of 53% and further deduction towards development charges @ 33-1/3% as ordered by the High Court ... necessarily take into consideration not only this deduction, but deduction towards development charges even regarding smaller extent of land at 33%, totalling upto 86% when
Shivadevamma and Ors. the deduction of 53% under the building rules and further deduction towards development charges ordered by High Court held not illegal ... rule, deduction towards development charges is to the extent of 33.3%. However considering the development rules, in those cases further deduction is also held legal
deduction for development charges i.e. for formation of road, sewer and other development charges. While fixing the market value, necessary deduction ... roads, water supply mains, electricity, etc., the deduction of 53% and further deduction towards development charges @ 33 1/3%, as ordered by the High Court
less than 1/3rd deduction should be given.
5. Some decisions were cited with regard to the deduction for developmental charges. In K. Vasundara Devi ... water facilities etc. In Shimla Development Authority Vs. Santosh Sharma (1997 (2) SCC 637) 40% deduction towards development charges was held proper. In V. Hanumantha
land for the
purpose of determining compensation; and
iii) deduction of development charges ought to be fixed in light of two
factors, viz., extent ... deduction). The High Court
has not at all considered the relevant factors while making an appropriate
deduction towards development charges. Therefore, considering the relevant
factors
High Court in making deductions
towards the cost of development / development charges
from the market value determined on the basis of the
sale deeds produced ... proposed
development. We, therefore, hold that the High Court
has erred in directing the deduction on account of the
developmental charges at the rate
while so, Reference Court erred in not making any deduction for development charges.
13. We have also heard Mr.V.Ravi, learned Special Government Pleader ... value at Rs.100/- per sq. ft. no percentage of deduction for development charges was made. More over, we do not find that any development
Shivadevamma and Ors., the deduction of 53% under the building rules and further deduction towards development charges ordered by High Court held not illegal ... rule, deduction towards development charges is to the extent of 33.3%. However, considering the development rules, in those cases further deduction is also held legal
DEVELOPMENT CHARGES:
36. While fixing the market value, development charges have to be deducted depending upon the nature of the land. While giving such deduction ... towards development charges as well as percentage of deduction. Such deduction is also not automatic unless there is a factual finding that deduction was absolutely
cent and after
applying 20% deduction towards development charges, enhanced the market value at
Rs.6,976/- per cent as against the market value fixed ... Supreme Court in the matter of
deduction of development charges if the land is acquired for habitation or industrial
purposes. According to them, the tribunal
