THE STATE OF M.P. ETC. versus HARISHANKAR GOEL AND ANR. ETC.

THE STATE OF M.P. ETC. versus HARISHANKAR GOEL AND ANR. ETC.

Compensation must be determined on fair market value per sq. yd. basis, not per sq. ft., with a deduction for developmental charges, and Amendment Act 68 of 1984 benefits inapplicable as the acquisition and award occurred before its enactment.

Parties
Appellant: State of Madhya Pradesh; Respondent: Harishankar Goel and another
Jurisdiction
India
Judgment Date
07 August 1996
Procedural Posture
Civil Appeal / Appeal From Judgment and Order Dated 28.10.86 of Madhya Pradesh High Court in M.a. No. 83 of 1975
Outcome
Appeals allowed. Cross appeals dismissed. No costs.
Legal Topics
Compensation Determination, Statutory Benefits, Deduction for Developmental Charges
Land Acquisition Compensation Determination Statutory Benefits Deduction for Developmental Charges

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 2 Authorities cited 3 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

State of Madhya Pradesh

Appellant

Harishankar Goel and another

Respondent

Procedural Posture

Civil Appeal / Appeal From Judgment and Order Dated 28.10.86 of Madhya Pradesh High Court in M.a. No. 83 of 1975

Legal Issues

  1. 1 What is the just and adequate compensation for the acquired land?
  2. 2 Was it correct to determine compensation on a square foot basis for a large tract?
  3. 3 Are claimants entitled to enhanced solatium, interest, and additional amount under the Amendment Act 68 of 1984?

Ratio Decidendi

Compensation must be determined on fair market value per sq. yd. basis, not per sq. ft., with a deduction for developmental charges, and Amendment Act 68 of 1984 benefits inapplicable as the acquisition and award occurred before its enactment.

Court Disposition

Appeals allowed. Cross appeals dismissed. No costs.

Orders

  • Land compensation to be determined at Rs. 4 per sq. yd. with 25% deduction towards developmental charges.
  • Claimants entitled to solatium at 15% on enhanced compensation and interest at 4% from date of possession till deposit.