SANGUNTHALA (DEAD) THR. LRS. versus SPECIAL TEHSILDAR (L.A.) & ORS.

Reference Court was correct in determining acquired land as house sites with building potentiality and fixing higher compensation; High Court erred in classifying land as agricultural and not considering evidence of development and use; compensation to be determined as house sites, not agricultural land.

Parties: Appellant: Sangunthala (Dead) Thr. LRs.; Respondent: Special Tehsildar (L.A.) & Ors.
Jurisdiction: India
Judgment Date: 24 February 2010
Procedural Posture: Civil Appeal / Appeal From High Court Judgment
Outcome: Appeals allowed; High Court judgment set aside; Reference Court order upheld.
Legal Topics: Market Value Determination, Classification of Land, Compensation Enhancement, House Site Potentiality

Land Acquisition Market Value Determination Classification of Land Compensation Enhancement House Site Potentiality

Case Brief

Summary, issues, holding and outcome

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Full judgment text Legal principles 4 Authorities cited 15 Party arguments 2 Amounts and remedies 2

Parties

Sangunthala (Dead) Thr. LRs.

Appellant

Special Tehsildar (L.A.) & Ors.

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Judgment

Legal Issues

1 Whether acquired land should be classified as agricultural land or house sites for determining compensation
2 Correct method for determination of market value under Section 23 of Land Acquisition Act, 1894

Ratio Decidendi

Court Disposition

Appeals allowed; High Court judgment set aside; Reference Court order upheld.

Orders

Compensation fixed at Rs. 1,75,000/- per acre.
Claimants entitled to solatium, interest, and statutory benefits as per Sunder v. Union of India.