K. DEVAKIMMA & ORS. versus TIRUMALA TIRUPATI DEVASTHANAMS & ANR.

K. DEVAKIMMA & ORS. versus TIRUMALA TIRUPATI DEVASTHANAMS & ANR.

Reference Courts rightly relied on rates determined in prior years for adjacent lands and applied appropriate escalation due to absence of sale deed evidence, and all appellants' lands were of similar nature; compensation should be uniformly fixed at Rs.90 per sq. ft., not Rs.30/- as reduced by the High Court. Compensation for superstructures upheld.

Parties
Appellant: K. Devakimma & Ors.; Respondent: Tirumala Tirupati Devasthanams & Anr.
Jurisdiction
India
Judgment Date
23 April 2015
Procedural Posture
Civil Appeal / Final Appellate Determination by Supreme Court
Outcome
Appeal partly allowed
Legal Topics
Market Value Determination, Escalation in Land Value, Compensation for Superstructures
Land Acquisition Compensation Market Value Determination Escalation in Land Value Compensation for Superstructures

Case Brief

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Parties

K. Devakimma & Ors.

Appellant

Tirumala Tirupati Devasthanams & Anr.

Respondent

Procedural Posture

Civil Appeal / Final Appellate Determination by Supreme Court

Legal Issues

  1. 1 Whether the High Court was justified in reducing the compensation for acquired lands from the rate fixed by the Reference Court to Rs.30/- per sq. ft.
  2. 2 What is the appropriate market value per square foot for compensation under Land Acquisition Act, 1894, in absence of contemporaneous sale evidence

Ratio Decidendi

Reference Courts rightly relied on rates determined in prior years for adjacent lands and applied appropriate escalation due to absence of sale deed evidence, and all appellants' lands were of similar nature; compensation should be uniformly fixed at Rs.90 per sq. ft., not Rs.30/- as reduced by the High Court. Compensation for superstructures upheld.

Court Disposition

Appeal partly allowed

Orders

  • Judgment/order of the High Court is set aside; awards of the Reference Court restored with modification that compensation is to be fixed uniformly at Rs.90 per sq. ft. for the acquired lands of all appellants.
  • Compensation for superstructures awarded by Reference Court is upheld; no interference warranted.