MOHINDER SINGH & ORS. versus STATE OF HARYANA

Deduction of 40% from market value by High Court was not justified as the acquired land was already within developed municipal limits with surrounding amenities; the Reference Court's 1/4th (25%) deduction for development charges was more appropriate and is restored.

Source-derived case information.

Parties: Appellant: Mohinder Singh & Ors.; Respondent: State of Haryana
Jurisdiction: India
Judgment Date: 05 August 2014
Procedural Posture: Civil Appeal / Supreme Court Judgment on Appeal From Division Bench of High Court
Outcome: Appeals by claimants partly allowed; impugned judgment of Division Bench set aside; Reference Court Award restored; appeals by State dismissed; no costs.
Legal Topics: Compensation Determination, Development Charges Deduction, Market Value Assessment

Land Acquisition Compensation Determination Development Charges Deduction Market Value Assessment

Source-derived case record

Summary, issues, holding and outcome

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Full judgment text Legal principles 2 Authorities cited 3 Party arguments 2 Amounts and remedies 6

Parties

Mohinder Singh & Ors.

Appellant

State of Haryana

Respondent

Procedural Posture

Civil Appeal / Supreme Court Judgment on Appeal From Division Bench of High Court

Legal Issues

1 What is the reasonable deduction towards development charges from market value in land acquired under the Land Acquisition Act, 1894, when the land is within developed municipal limits?

Ratio Decidendi

Court Disposition

Appeals by claimants partly allowed; impugned judgment of Division Bench set aside; Reference Court Award restored; appeals by State dismissed; no costs.

Orders

Reference Court's award restored
Appeals by claimants partly allowed

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