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
made deductions in the name of
development charges/cost of development. The Reference Court made three-
tier deduction. In the first place, 25% was deducted ... proposed development. We, therefore, hold
that the High Court has erred in directing the deduction on account of
the developmental charges at the rate
land in question and
thereupon to make deduction towards the
development. The development charges can be
maximum to the extent ... development
purpose.”
The aforesaid judgments postulate general factors that are
to be taken into consideration for deciding the quantum of
deduction of development charges
taken into consideration in fixing the market value
and the deduction of development charges. In the above
case , the lands were acquired because they were ... land
at Rs. 200/- per sq. mtr. and after deduction of
development charges, determined the compensation @
Rs. 134/- per sq. mtr. In arriving
development
and the stage of development. We are inclined to
agree with the learned counsel that the extent of
deduction depends upon development need ... 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
roads, water
supply mains, electricity etc., the
deduction of 53% and further deduction
towards development charges @ 33-
1/3%, ordered by the High Court ... applying the principle of deduction. In our opinion
a deduction of 10% from the market value on account of
development charges and other possible expenditures
that to
determine the market value for purposes of compensation, deduction of
development charges was normally 1/3rd of the market value which also
required ... wherein a question
had arisen as to whether the deduction of development charges at the rate
of 70% in regard to the acquired lands
appellants contended that 53% deduction is reasonable, as
held by this Court but deduction of 65% towards the
developmental charges by the High Court ... development
are also relevant consideration for determination of just
and adequate compensation. Each case depends upon its own
facts. For deduction of development charges
development and the stage of development. We are inclined to
agree with the learned counsel that the extent of deduction depends upon
development need ... 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
Development Authority and
Ors. Vs. Smt. Santosh Sharma and Anr. , reported in AIR
1997 SC 1791. It is true that the deduction for
development charges ... thus there cannot be any fixed amount of deduction
towards development charges. In the present case, we
find that the total land acquired was about
