KASTURI AND ORS. versus STATE OF HARYANA

KASTURI AND ORS. versus STATE OF HARYANA

Applying a 20% deduction towards development charges for the compensation of the acquired land was justified and tenable in light of the facts: the land was a large, undeveloped area, albeit with potential and some advantages due to proximity to developed areas, but not fully developed. The deduction was less than the normal 1/3rd, addressing such advantages, and the appellants did not show that the entire tract was fully developed to require no deduction.

Parties
Appellants: Kasturi and Ors.; Respondent: State of Haryana
Jurisdiction
India
Judgment Date
12 November 2002
Procedural Posture
Civil Appeal / Final Disposal on Appeal From Division Bench Order
Outcome
Appeals and special leave petitions dismissed.
Legal Topics
Compensation Determination, Development Charges Deduction, Land Valuation
Land Acquisition Property Law Compensation Determination Development Charges Deduction Land Valuation

Case Brief

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Parties

Kasturi and Ors.

Appellants

State of Haryana

Respondent

Procedural Posture

Civil Appeal / Final Disposal on Appeal From Division Bench Order

Legal Issues

  1. 1 Whether the High Court was justified in applying a 20% cut towards development charges while determining compensation for acquired land
  2. 2 Whether deduction of any amount for development was justified given the potential and location of the acquired land

Ratio Decidendi

Applying a 20% deduction towards development charges for the compensation of the acquired land was justified and tenable in light of the facts: the land was a large, undeveloped area, albeit with potential and some advantages due to proximity to developed areas, but not fully developed. The deduction was less than the normal 1/3rd, addressing such advantages, and the appellants did not show that the entire tract was fully developed to require no deduction.

Court Disposition

Appeals and special leave petitions dismissed.

Orders

  • The appeals and special leave petitions are dismissed. Parties to bear their own costs.