Showing posts with label Non agricultural potentiality. Show all posts
Showing posts with label Non agricultural potentiality. Show all posts

Saturday, 27 August 2022

Can the court grant enhanced compensation if acquired land has attained non-agricultural potentiality?

Land Acquisition - Enhancement of compensation - Present appeal filed for enhancement of compensation in respect of acquired land by determining correct market value - Whether Appellant entitled for enhancement of compensation on respect of acquired land - Held, evident that acquired land had attained non agricultural potentiality and said land falls within municipal limits of Pehowa, besides being bound by river Saraswati - Materials on record show that land had been acquired by State Government for purpose of developing commercial, residential and urban estate, Pehowa - Since acquired land was situated within developed area of municipal limits of Pehowa, no doubt that it had acquired potential value to be utilised for both residential and commercial purposes in future - Rate of compensation must be subject to deductions towards developmental purpose that will have to be incurred by Respondent-State - Thus, allow 60% deduction on market value of acquired land towards developmental expenses - Considering, location, potentiality of acquired land, Appellant-land owners were entitled for enhancement of compensation - Appeal allowed.

 IN THE SUPREME COURT OF INDIA

Civil Appeal Nos. 3982-3987, 7916-7918, 10207 of 2011 and 7547-7549, 7707-7709 of 2013

Decided On: 26.09.2014

 Nirmal Singh  Vs.  State of Haryana

Hon'ble Judges/Coram:

V. Gopala Gowda and Adarsh Kumar Goel, JJ.

Author: V. Gopala Gowda, J.
Citation: MANU/SC/0883/2014
Print Page