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
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Maya Devi (D) through LRs & Ors.
Appellant
State of Haryana & Anr.
Respondent
Procedural Posture
Civil Appeal / Supreme Court Final Judgment
Legal Issues
- 1 Whether post-notification sale deeds can be used as exemplars for compensation determination under Land Acquisition Act, 1894
- 2 Whether deduction of 67.5% for development charges was justified
- 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.
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment