Home Case Index All Cases Indian Laws Indian Laws + SC Indian Laws - 2018 (4) TMI SC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2018 (4) TMI 1697 - SC - Indian LawsAmount of Compensation - acquisition of Dry lands - Section 4(1) of the Land Acquisition Act, 1894 - HELD THAT:- In the case at hand, it is a matter of record that the said land is fit for using the same for house sites and situated adjacent to the National highway and is also near to the busy area with various facilities. During the course of proceeding, various sale deeds of adjacent lands were brought to our knowledge. It is also undisputed fact that the entire land belonging to the Appellant herein was not acquired but a portion of it alone had been acquired. It is the grievance of the Appellant that the acquisition of land to the extent of 4.63 acres out of total holding of 6.11 acres, rendering the balance land to be an uneconomical holding for the purpose of continuing agriculture operations. There is no doubt that the land owners have to suffer when their lands acquired under the LA Act. Hence, they must be compensated properly in lieu of their lands to do proper justice. There is no doubt that the lands which are situated adjacent to the main road will fetch good market value than the lands which are situated beyond the road. Though learned single Judge of the High Court was of the opinion that there was no basis of granting ₹ 2,500/- per cent for the suit lands, we are of the considered opinion that on the basis of the alleged sale deeds which were done in the proximity within a very short time amply prove its value in relation to the adjoining lands. Learned subordinate Judge was right in holding the potential value of the suit lands.
|