KOLKATA METROPOLITAN DEVELOPMENT AUTHORITY versus GOBINDA CHANDRA MAKAL & ANR

KOLKATA METROPOLITAN DEVELOPMENT AUTHORITY versus GOBINDA CHANDRA MAKAL & ANR

The relevant date for determination of market value under Section 23(1) of the Land Acquisition Act is the date of publication of notification in the official gazette. Compensation for sali plots (Nos. 62 and 42) is reduced to Rs. 67,000 per cottah, and beel plot (No. 272) is maintained at Rs. 60,000 per cottah, with statutory benefits and adjustment for advance payment with interest.

Parties
Appellant: Kolkata Metropolitan Development Authority; Respondent: Gobinda Chandra Makal; Respondent: Another respondent
Jurisdiction
India
Judgment Date
02 September 2011
Procedural Posture
Civil Appeal / Supreme Court Decision on Appeal
Outcome
Appeals partly allowed.
Legal Topics
Compensation Determination, Market Value, Statutory Benefits, Date of Publication for Notification, Advance Payment Adjustment
Land Acquisition Compensation Determination Market Value Statutory Benefits Date of Publication for Notification Advance Payment Adjustment

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Parties

Kolkata Metropolitan Development Authority

Appellant

Gobinda Chandra Makal

Respondent

Another respondent

Respondent

Procedural Posture

Civil Appeal / Supreme Court Decision on Appeal

Legal Issues

  1. 1 How should compensation for acquired land be determined under Section 23 of the Land Acquisition Act, 1894?
  2. 2 What is the relevant date for determination of compensation under Section 23(1)?
  3. 3 Should deductions for development be applied and at what percentage?

Ratio Decidendi

The relevant date for determination of market value under Section 23(1) of the Land Acquisition Act is the date of publication of notification in the official gazette. Compensation for sali plots (Nos. 62 and 42) is reduced to Rs. 67,000 per cottah, and beel plot (No. 272) is maintained at Rs. 60,000 per cottah, with statutory benefits and adjustment for advance payment with interest.

Court Disposition

Appeals partly allowed.

Orders

  • Compensation for plot nos.62 and 42 reduced to Rs.67,000 per cottah.
  • Compensation for plot no.272 maintained at Rs.60,000 per cottah.