STATE OF GOA & ANR. versus GOPAL BABURAO GAUDO & ORS.

STATE OF GOA & ANR. versus GOPAL BABURAO GAUDO & ORS.

Market value of acquired land should be determined with reference to comparable land and not discounted due to statutory construction restrictions or statutory benefits; statutory benefits are independent of market value determination.

Parties
Petitioner: STATE OF GOA; Respondent: GOPAL BABURAO GAUDO; Petitioner: ANR.; Respondent: ORS.
Jurisdiction
India
Judgment Date
14 September 2009
Procedural Posture
Special Leave Petition (civil) / Supreme Court Review of High Court Decision
Outcome
Special Leave Petition dismissed
Legal Topics
Compensation Determination, Market Value Assessment, Statutory Benefits in Land Acquisition
Land Acquisition Compensation Determination Market Value Assessment Statutory Benefits in Land Acquisition

Case Brief

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Parties

STATE OF GOA

Petitioner

GOPAL BABURAO GAUDO

Respondent

ANR.

Petitioner

ORS.

Respondent

Procedural Posture

Special Leave Petition (civil) / Supreme Court Review of High Court Decision

Legal Issues

  1. 1 Whether land adjoining the highway where construction is prohibited has development potential for compensation purposes
  2. 2 Whether statutory benefits (solatium, additional amount, interest) should be considered while determining market value

Ratio Decidendi

Market value of acquired land should be determined with reference to comparable land and not discounted due to statutory construction restrictions or statutory benefits; statutory benefits are independent of market value determination.

Court Disposition

Special Leave Petition dismissed

Orders

  • Special Leave Petition dismissed as having no merit.