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2016 (2) TMI 1376 - SC - Indian LawsCompensation on acquisition of land - Fixation of the land value based on acquisition proceedings initiated in 1981 in Village Judian - HELD THAT:- The pre-amended provision put a cap on the maximum; the compensation by court should not be beyond the amount claimed. The amendment in 1984, on the contrary, put a cap on the minimum; compensation cannot be less that what was awarded by the Land Acquisition Collector. The cap on maximum having been expressly omitted, and the cap that is put is only on minimum, it is clear that the amount of compensation that a court can award is no longer restricted to the amount claimed by the applicant. It is the duty of the Court to award just and fair compensation taking into consideration the true market value and other relevant factors, irrespective of the claim made by the owner. In Bhag Singh and Others v. Union Territory of Chandigarh BHAG SINGH VERSUS UT. OF CHANDIGARH THRU LAND ACQUISITION COLLECTOR [1985 (8) TMI 373 - SUPREME COURT], this Court held that there may be situations where the amount higher than claimed may be awarded to the claimant. In Krishi Utpadan Mandi Samiti v. Kanhaiya Lal [2000 (9) TMI 1092 - SUPREME COURT], this Court held that under the amended provisions of Section 25 of the Act, the Court can grant a higher compensation than claimed by the applicant in his pleadings. In the case of the appellants herein, it is an admitted position that the properties do not abut the national highway. Admittedly, it is situated about 375 yards away from the national highway and it appears that there is only the narrow Nahan Kothi Road connecting the properties of the appellants to the national highway. Therefore, it will not be just and proper to award land value of Rs.250/- per square yard, which is granted to the property in adjoining village. Having regard to the factual and legal position obtained above, we are of the considered view that the just and fair compensation in the case of appellants would be Rs. 200/- per square yard. These appeals are disposed off fixing the land value at Rs. 200/- per square yard and the appellants shall also be entitled to all the statutory benefits. The amount as above shall be paid and deposited after adjusting the deficit court fee, if any, before the Executing Court within a period of three months from today.
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