land has been
acquired, no developmental activity is to be undertaken, no
deduction on account of development charges is required and
further that in view ... development
charges is impermissible as where there is no development
activity, there is no reason to deduct development charges.
Therefore, law cited on behalf
acquired for
construction of railway line and road then, no deduction towards
development charges is required.
22. In the case of Mehrawal Khewaji Trust (Regd ... rate
of Rs.25.00 lacs per hectare and 20% deduction towards
development charges comes to Rs.20,00,000, i.e., (the sum comes
utilised for
developmental works and the second is the cost of the
development works.
.….....
20. Therefore the deduction for the ‘development factor’ to be made ... upheld the
deduction of 65%. In Kanta Devi v. State of Haryana (2008) 15 SCC
201, deduction of 60% towards development charges was held
acre but reduced the
deduction towards developmental charges from 50%
to 25% and accordingly worked out the
compensation “at the rate ... Reference Court rightly deducted 50% towards
development charges, whereas the High Court erred
in deducting 25% towards developmental charges.
14) According to learned
U.P. State Industrial Development ... vs Nazir And Others on 16 April, 2018
Bench: Sudhir
made towards the development cost. The
deduction towards development depends upon the nature and
location of acquired land and deduction includes components of
of land ... roads, sewage, electricity, parks and other common facilities
and also deduction towards development charges like laying of
roads, construction of sewerage etc. Generally deduction
payable compensation on account
of development charges, however, it has to be established by
positive evidence that such development charges are justified.
The evidence must ... proposed development. We, therefore, hold that the High
Court has erred in directing the deduction on account of the
developmental charges at the rate
behalf of landowners that deduction towards development upto 53% was reasonable but High Court in applying 65% deduction has erred in law. Court observed, while ... real development and waiting period for development are also relevant for determination of just and comparable compensation. For deduction of development charges, nature of development
utilised for developmental works and the second is the
cost of the development works. . .....
20. Therefore the deduction for the 'development factor ... upheld the deduction of 65%. In Kanta Devi v. State of
Haryana , 2008 15 SCC 201, deduction of 60% towards
development charges was held
facilities were also available in
acquired land. Therefore, even nominal development charges and or
deduction on account of smaller plots as against larger plots should ... Nookala Rajamallu and Ors. , 2003(12) SCC 334 held that
deduction of development charges can be made upto 53%. Even in the
matter of Kasturi
