KANTA DEVI & ORS. versus STATE OF HARYANA & ANR.

KANTA DEVI & ORS. versus STATE OF HARYANA & ANR.

Where acquired lands are proximate to already developed areas, deduction towards development charges from market value should not exceed 60%. Reliance on a single exemplar (Ex.P.6) by the High Court is justified due to reasons recorded. All sale deeds need not be considered if reasons are advanced, and s. 51-A does not compel mandatory reliance if court is unconvinced.

Parties
Appellants: Kanta Devi & Ors.; Respondents: State of Haryana & Anr.
Jurisdiction
India
Judgment Date
08 July 2008
Procedural Posture
Civil Appeal / Supreme Court Appeal From High Court Decision
Outcome
Appeal partly allowed
Legal Topics
Land Valuation, Development Charges Deduction, Section 51 A: Reliance on Sale Deeds as Exemplars
Land Acquisition Compensation Land Valuation Development Charges Deduction Section 51 A: Reliance on Sale Deeds as Exemplars

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 10 Party arguments 2 Amounts and remedies 7
Sign in to unlock

Parties

Kanta Devi & Ors.

Appellants

State of Haryana & Anr.

Respondents

Procedural Posture

Civil Appeal / Supreme Court Appeal From High Court Decision

Legal Issues

  1. 1 Whether deduction of 70% towards development charges was excessive in determination of compensation for acquired land
  2. 2 Whether reliance was correctly placed solely on one exemplar sale deed (Ex.P.6) while rejecting others
  3. 3 Whether, post-insertion of s.51-A, all sale deeds produced should be considered as exemplars without strict proof

Ratio Decidendi

Where acquired lands are proximate to already developed areas, deduction towards development charges from market value should not exceed 60%. Reliance on a single exemplar (Ex.P.6) by the High Court is justified due to reasons recorded. All sale deeds need not be considered if reasons are advanced, and s. 51-A does not compel mandatory reliance if court is unconvinced.

Court Disposition

Appeal partly allowed

Orders

  • Deduction of 70% towards development charges as fixed by High Court reduced to 60%
  • No order as to costs