LUCKNOW DEVELOPMENT AUTHORITY versus KRISHNA GOPAL LAHOTI AND ORS.

LUCKNOW DEVELOPMENT AUTHORITY versus KRISHNA GOPAL LAHOTI AND ORS.

Market value fixed at Rs.8/- per sq.ft. is sustained. Deduction for development charges to be one-third instead of 25%. Determination of compensation must account for nature, location, and expenditure required for development. Comparable small-plot sales can be used in absence of other material, subject to adjustment.

Parties
Appellant: Lucknow Development Authority; Respondent: Krishna Gopal Lahoti; Respondent: Sharad Kumar Lahoti; Respondent: Sunil Kumar Lahoti; Respondent: Sudhir Kumar Lahoti
Jurisdiction
India
Judgment Date
02 November 2007
Procedural Posture
Civil Appeal / Supreme Court: Judgment on Appeal From Allahabad High Court
Outcome
Appeal partly allowed
Legal Topics
Fixation of Market Value, Deduction Towards Development Charges, Comparable Sales, Compensation Determination
Land Acquisition Fixation of Market Value Deduction Towards Development Charges Comparable Sales Compensation Determination

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Parties

Lucknow Development Authority

Appellant

Krishna Gopal Lahoti

Respondent

Sharad Kumar Lahoti

Respondent

Sunil Kumar Lahoti

Respondent

Sudhir Kumar Lahoti

Respondent

Procedural Posture

Civil Appeal / Supreme Court: Judgment on Appeal From Allahabad High Court

Legal Issues

  1. 1 Is it permissible to determine market value of large tracts of land by reference to sale instances of small plots?
  2. 2 What is the appropriate deduction towards development charges in land acquisition for development purposes?
  3. 3 What factors govern the determination of compensation for acquired land?

Ratio Decidendi

Market value fixed at Rs.8/- per sq.ft. is sustained. Deduction for development charges to be one-third instead of 25%. Determination of compensation must account for nature, location, and expenditure required for development. Comparable small-plot sales can be used in absence of other material, subject to adjustment.

Court Disposition

Appeal partly allowed

Orders

  • Market value fixed at Rs.8/- per sq.ft. sustained
  • Deduction for development charges to be one-third