KUMMARI VEERAIAH AND ORS. versus STATE OF ANDHRA PRADESH

KUMMARI VEERAIAH AND ORS. versus STATE OF ANDHRA PRADESH

Compensation determined by subordinate judge and confirmed by High Court is fair and reasonable; sale deeds produced do not reflect the true market value as most are of small extents, executed near date of acquisition notification, without examination of parties; therefore, reference court's compensation at Rs. 7 per sq. yd. is proper.

Parties
Petitioner: Kummari Veeraiah and Ors.; Respondent: State of Andhra Pradesh
Jurisdiction
India
Judgment Date
28 February 1995
Procedural Posture
Special Leave Petition (civil) / Final Disposition by Supreme Court
Outcome
petition dismissed
Legal Topics
Compensation Determination, Admissibility of Sale Deeds as Evidence, Comparable Sales, Deduction for Developmental Expenditure
Land Acquisition Compensation Determination Admissibility of Sale Deeds as Evidence Comparable Sales Deduction for Developmental Expenditure

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Parties

Kummari Veeraiah and Ors.

Petitioner

State of Andhra Pradesh

Respondent

Procedural Posture

Special Leave Petition (civil) / Final Disposition by Supreme Court

Legal Issues

  1. 1 determination of compensation under Land Acquisition Act based on comparable sales
  2. 2 admissibility and evidentiary weight of certified copies of sale deeds as secondary evidence
  3. 3 criteria for deducting development costs from compensation

Ratio Decidendi

Compensation determined by subordinate judge and confirmed by High Court is fair and reasonable; sale deeds produced do not reflect the true market value as most are of small extents, executed near date of acquisition notification, without examination of parties; therefore, reference court's compensation at Rs. 7 per sq. yd. is proper.

Court Disposition

petition dismissed

Orders

  • Determination of compensation by High Court and subordinate judge confirmed.
  • No interference warranted.