STATE OF ORISSA versus BRIJ LAL MISRA ETC. ETC.
It is illegal for courts to enhance compensation by 25% for future potentiality of land after having determined compensation based on existing potentialities as this violates Section 24, fifthly and sixthly, of the Land Acquisition Act, 1894.
- Parties
- Appellant: State of Orissa; Respondent: Brij Lal Misra
- Jurisdiction
- India
- Judgment Date
- 26 July 1995
- Procedural Posture
- Civil Appeal / Final Judgment
- Outcome
- appeals allowed in part
- Legal Topics
- Compensation Determination, Potentiality of Land, Future Potential Value
Case Brief
Summary, issues, holding and outcome
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Parties
State of Orissa
Appellant
Brij Lal Misra
Respondent
Procedural Posture
Civil Appeal / Final Judgment
Legal Issues
- 1 Whether compensation for acquired land can be enhanced by 25% on account of future potentialities after considering existing potentialities
Ratio Decidendi
It is illegal for courts to enhance compensation by 25% for future potentiality of land after having determined compensation based on existing potentialities as this violates Section 24, fifthly and sixthly, of the Land Acquisition Act, 1894.
Court Disposition
appeals allowed in part
Orders
- Further increase of 25% compensation for future potentiality is set aside.
- Market value determination at Rs. 200 per decimal is confirmed.
Full Case Text
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