MAYA DEVI (D) THROUGH LRS & ORS. versus STATE OF HARYANA & ANR.

MAYA DEVI (D) THROUGH LRS & ORS. versus STATE OF HARYANA & ANR.

Post-notification sale deeds cannot be used for compensation determination under s.23(1); deduction for development charges should be one-third given nature and purpose of land acquisition for warehouse construction; compensation recalculated accordingly.

Parties
Appellant: Maya Devi (D) through LRs & Ors.; Respondent: State of Haryana & Anr.
Jurisdiction
India
Judgment Date
25 January 2018
Procedural Posture
Civil Appeal / Supreme Court Final Judgment
Outcome
Appeals partly allowed; impugned judgment modified.
Legal Topics
Compensation Determination, Development Charges Deduction, Market Value Ascertainment

Case Brief

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Parties

Maya Devi (D) through LRs & Ors.

Appellant

State of Haryana & Anr.

Respondent

Procedural Posture

Civil Appeal / Supreme Court Final Judgment

  1. 1 Whether post-notification sale deeds can be used as exemplars for compensation determination under Land Acquisition Act, 1894
  2. 2 Whether deduction of 67.5% for development charges was justified
  3. 3 What is the appropriate deduction towards development charges given the facts

Ratio Decidendi

Post-notification sale deeds cannot be used for compensation determination under s.23(1); deduction for development charges should be one-third given nature and purpose of land acquisition for warehouse construction; compensation recalculated accordingly.

Court Disposition

Appeals partly allowed; impugned judgment modified.

Orders

  • Enhanced compensation of Rs.4,43,258/- per acre awarded to appellants, payable with all statutory benefits.
  • Appellants not entitled to claim interest for period of delay in preferring appeals from review.