TMI Blog2016 (2) TMI 1376X X X X Extracts X X X X X X X X Extracts X X X X ..... ly 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... : Mr. Sanjay Kumar Tyagi, AAG, Haryana Mr. Prabhat Kr. R., Adv. Mr. Sanjay Kr. Visen, Adv JUDGMENT KURIAN, J.: Leave granted in Special Leave Petition (Civil) No. 12495 of 2015 2. Around 46.93 acres of Land was acquired by the respondent- State of Haryana initiating the proceedings by Notification dated 19.09.1983 issued under Section 4 of the Land Acquisition Act, 1894. The purpose of acquisition is residential and commercial for Panchkula, Sector-21. The acquired property is in Village Fatehpur. In respect of the same development, we have seen that this court in many cases has based the fixation of the land value based on acquisition proceedings initiated in 1981 in Village Judian. Those properties in village Judi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... der - Section 25. Rules as to amount of compensation - (1) When the applicant has made a claim to compensation, pursuant to any notice given under Section 9, the amount awarded to him by the court shall not exceed the amount so claimed or be less than the amount awarded by the Collector under Section 11. (2) When the applicant has refused to make such claim or has omitted without sufficient reason (to be allowed by the Judge) to make such claim, the amount awarded by the court shall in no case exceed the amount awarded by the Collector. (3) When the applicant has omitted for a sufficient reason (to be allowed by the Judge) to make such claim, the amount awarded to him by the court shall not be less than, and may excee ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t Court is entitled to award higher compensation to the victim of an accident. 9. In Bhag Singh and Others v. Union Territory of Chandigarh (1985) 3 SCC 737 , this Court held that there may be situations where the amount higher than claimed may be awarded to the claimant. The Court observed 3. It must be remembered that this was not a dispute between two private citizens where it would be quite just and legitimate to confine the claimant to the claim made by him and not to award him any higher amount than that claimed though even in such a case there may be situations where an amount higher than that claimed can be awarded to the claimant as for instance where an amount is claimed as due at the foot of an account. Here was a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a Lal (2000) 7 SCC 756 , 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 - 17. Award being in this case between the dates 30th April, 1982 and 24th September, 1984 and as per the Union of India and Anr. v. Raghubir Singh (Dead) by LRs. etc. (Supra), the amended provisions would be applicable under which there is no restriction that award could only be upto the amount claimed by the claimant. Hence High Court order granting compensation more than what is claimed cannot be said to be illegal or contrary to the provisions of the Act. Hence the review itself, as is confined for the aforesaid reasons, has no merit. 11. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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