RISHI PAL SINGH AND ORS. versus MEERUT DEVELOPMENT AUTHORITY AND ANR.

RISHI PAL SINGH AND ORS. versus MEERUT DEVELOPMENT AUTHORITY AND ANR.

Exemplars of small plots may be considered for compensation for large land acquisitions provided adequate discount is given and in the absence of relevant material, such exemplars may be used after necessary adjustments. Reference Court's consideration of exemplars was proper; High Court erroneously remanded.

Parties
Appellant: Rish Pal Singh and Ors.; Respondent: Meerut Development Authority and Anr.
Jurisdiction
India
Judgment Date
24 February 2006
Procedural Posture
Civil Appeal / Appeal From Allahabad High Court, After Reference Court Determination
Outcome
Appeals allowed; case remanded to High Court for fresh decision.
Legal Topics
Compensation, Valuation, Exemplars, Procedure
Land Acquisition Compensation Valuation Exemplars Procedure

Case Brief

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Parties

Rish Pal Singh and Ors.

Appellant

Meerut Development Authority and Anr.

Respondent

Procedural Posture

Civil Appeal / Appeal From Allahabad High Court, After Reference Court Determination

Legal Issues

  1. 1 Whether exemplars of small plots can be considered to determine compensation for large tracts of land
  2. 2 Whether the Reference Court acted properly in considering or ignoring certain exemplars

Ratio Decidendi

Exemplars of small plots may be considered for compensation for large land acquisitions provided adequate discount is given and in the absence of relevant material, such exemplars may be used after necessary adjustments. Reference Court's consideration of exemplars was proper; High Court erroneously remanded.

Court Disposition

Appeals allowed; case remanded to High Court for fresh decision.

Orders

  • Impugned judgment of High Court quashed.
  • High Court to hear and decide appeals as well as cross appeals afresh on merits and as early as possible.