Harnek Singh Samra & Anor v Sandwell Metropolitan Borough Council

Harnek Singh Samra & Anor v Sandwell Metropolitan Borough Council

Compensation is determined by starting with the agreed base value, deducting £54,000 for site disadvantages not accounted for, and adding £121,000 for works undertaken by claimants. Claimants are not entitled to occupier’s loss payment due to lack of occupation in the relevant period. Basic loss payments are awarded based on arithmetic calculation.

Parties
Claimant: Harnek Singh Samra; Claimant: Karnail Singh Samra; Acquiring Authority: Sandwell Metropolitan Borough Council
Jurisdiction
England and Wales
Judgment Date
27 February 2026
Procedural Posture
Compulsory Purchase Compensation / Final Determination
Outcome
Compensation determined; basic loss payment awarded; occupier’s loss payment denied.
Legal Topics
Compensation Assessment, Statutory Loss Payments, Occupation Definition, Valuation Methodology
Compulsory Acquisition Land Law Valuation Compensation Assessment Statutory Loss Payments Occupation Definition Valuation Methodology

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Parties

Harnek Singh Samra

Claimant

Karnail Singh Samra

Claimant

Sandwell Metropolitan Borough Council

Acquiring Authority

Procedural Posture

Compulsory Purchase Compensation / Final Determination

Legal Issues

  1. 1 Appropriate deductions and additions to base value for compensation under Rule 2 of s.5 Land Compensation Act 1961
  2. 2 Eligibility for occupier’s loss payment under s.33C Land Compensation Act 1973
  3. 3 Calculation of basic loss payment

Ratio Decidendi

Compensation is determined by starting with the agreed base value, deducting £54,000 for site disadvantages not accounted for, and adding £121,000 for works undertaken by claimants. Claimants are not entitled to occupier’s loss payment due to lack of occupation in the relevant period. Basic loss payments are awarded based on arithmetic calculation.

Court Disposition

Compensation determined; basic loss payment awarded; occupier’s loss payment denied.

Orders

  • Compensation payable: £547,039
  • Basic loss payment: £11,225 to Harnek Singh Samra, £22,450 to Karnail Singh Samra