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by Admin
07 May 2024 2:49 AM
In a significant legal development, the Supreme Court of India, in a bench comprising Justice Bela M. Trivedi and Justice Dipankar Datta, dismissed a batch of 12 appeals challenging the enhancement of compensation in land acquisition cases. The appeals arose from a common judgment of the High Court of Punjab and Haryana.
The High Court had enhanced the market value of the acquired land and granted statutory benefits to the landowners, which were contested by the appellants. The focus of the appellants' arguments was primarily on the valuation of the land, applicability of development charges, and consideration of sale instances.
The Supreme Court, in its judgment, laid down important principles concerning the determination of market value in land acquisition cases. It emphasized that the market value should be assessed based on various factors, including the land's existing condition, location, user, proximity to different areas, size, and nature. The Court also discussed the significance of suitable deductions for development charges, taking into account the nature of the land, its development status, and the purpose of acquisition.
Justice Trivedi stated, "The guiding principles for determining the market value of the land at the date of the publication of the notification under Section 4(1) are well settled... No doubt, for ascertaining the market value of the land, its existing condition, location and user, its proximity to residential, commercial or industrial area etc. are the major factors required to be considered."
Justice Datta further added, "The assessment of market value and deductions should consider the size, shape, situation, and user of the land acquired. It involves a kind of guesswork that the courts are expected to undertake."
The Supreme Court also addressed the exercise of its extraordinary jurisdiction under Article 136 of the Constitution of India. It reiterated that this jurisdiction should be exercised only in exceptional circumstances and with utmost care and caution.
Supreme Court upheld the High Court's assessment of market value and deductions, emphasizing the importance of considering relevant factors and making suitable deductions for development charges. The appeals challenging the enhancement of compensation and deductions were dismissed.
Date of Decision: August 17, 2023
MALA ETC. ETC. vs STATE OF PUNJAB AND OTHERS
