K. VASUNDARA DEVI ETC. versus REVENUE DIVISIONAL OFFICER (LAO)
When market value is determined based on sale deeds of small extents in connection with acquisition of a large tract of land for development, it is necessary to deduct a reasonable percentage reflecting development charges, as the smaller sales are not fully representative of the acquired land's value. Thus, the High Court's deduction of 40% was justified and requires no interference.
- Parties
- Appellant: K. Vasundara Devi Etc.; Respondent: Revenue Divisional Officer (LAO)
- Jurisdiction
- India
- Judgment Date
- 27 July 1995
- Procedural Posture
- Civil Appeal / Appeal From High Court Judgment
- Outcome
- Appeal dismissed
- Legal Topics
- Compensation Determination, Deduction for Development Charges, Market Value Calculation
Case Brief
Summary, issues, holding and outcome
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Parties
K. Vasundara Devi Etc.
Appellant
Revenue Divisional Officer (LAO)
Respondent
Procedural Posture
Civil Appeal / Appeal From High Court Judgment
Legal Issues
- 1 Whether the High Court was justified in deducting 40% towards development charges while determining compensation for land acquired for planned development
Ratio Decidendi
When market value is determined based on sale deeds of small extents in connection with acquisition of a large tract of land for development, it is necessary to deduct a reasonable percentage reflecting development charges, as the smaller sales are not fully representative of the acquired land's value. Thus, the High Court's deduction of 40% was justified and requires no interference.
Court Disposition
Appeal dismissed
Orders
- The appeals are dismissed.
- No costs.
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