STATE OF MAHARASHTRA versus BABU GOVIND GAVATE ETC.

Deduction of one-third compensation under Government's circular is ultra vires of Section 43 and owner entitled to full compensation of market value under Land Acquisition Act.

Parties: Appellant: STATE OF MAHARASHTRA; Respondent: BABU GOVIND GAVATE ETC.
Jurisdiction: India
Judgment Date: 01 November 1995
Procedural Posture: Civil Appeal / Final Judgment on Appeal From Bombay High Court
Outcome: Appeal dismissed
Legal Topics: Compensation, Deduction From Compensation, Eminent Domain, Sanction Under Tenancy Laws

Land Acquisition Tenancy Law Compensation Deduction From Compensation Eminent Domain Sanction Under Tenancy Laws

Case Brief

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Parties

STATE OF MAHARASHTRA

Appellant

BABU GOVIND GAVATE ETC.

Respondent

Procedural Posture

Civil Appeal / Final Judgment on Appeal From Bombay High Court

Legal Issues

1 Whether the Government has power to deduct one-third from compensation under Land Acquisition Act due to interest in land held by Government as per Section 43 of Bombay Tenancy and Agricultural Lands Act, 1948

Ratio Decidendi

Deduction of one-third compensation under Government's circular is ultra vires of Section 43 and owner entitled to full compensation of market value under Land Acquisition Act.

Court Disposition

Appeal dismissed

Orders

Order of the High Court sustained
Respondent to be paid deducted one-third amount