ASHOK KUMAR & ANR. ETC. versus STATE OF HARYANA

ASHOK KUMAR & ANR. ETC. versus STATE OF HARYANA

The Court held that following the 1984 amendment, compensation is not limited by the claimant's stated amount and must be just and fair, based on the land's market value and relevant circumstances. As appellants' properties do not abut the national highway but are situated about 375 yards away with only a narrow road connection, Rs. 200/- per square yard is a just and fair valuation.

Parties
Appellant: Ashok Kumar & Anr. Etc.; Respondent: State of Haryana
Jurisdiction
India
Judgment Date
18 February 2016
Procedural Posture
Civil Appeal / Final Appellate Decision
Outcome
Appeals disposed fixing compensation at Rs.200/- per square yard.
Legal Topics
Compensation Determination, Section 25 of Land Acquisition Act, 1894, Just and Fair Compensation, Amendment Act 68 of 1984
Land Acquisition Compensation Determination Section 25 of Land Acquisition Act, 1894 Just and Fair Compensation Amendment Act 68 of 1984

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Parties

Ashok Kumar & Anr. Etc.

Appellant

State of Haryana

Respondent

Procedural Posture

Civil Appeal / Final Appellate Decision

Legal Issues

  1. 1 Whether the compensation awarded by the Court is restricted to the amount claimed by the applicant after the 1984 amendment to s.25 of the Land Acquisition Act, 1894
  2. 2 What is the just and fair amount of compensation for acquired land in Village Fatehpur considering location relevance

Ratio Decidendi

The Court held that following the 1984 amendment, compensation is not limited by the claimant's stated amount and must be just and fair, based on the land's market value and relevant circumstances. As appellants' properties do not abut the national highway but are situated about 375 yards away with only a narrow road connection, Rs. 200/- per square yard is a just and fair valuation.

Court Disposition

Appeals disposed fixing compensation at Rs.200/- per square yard.

Orders

  • Land value fixed at Rs.200/- per square yard for appellants.
  • Appellants entitled to all statutory benefits.