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2010 (2) TMI 1306 - SC - Indian Laws

Issues involved: Determination of compensation for land acquisition u/s Land Acquisition Act, 1894 based on evidence presented by claimants and Corporation.

Summary:
The case involved the acquisition of land for an electric sub-station within municipal limits. The initial compensation offered by the Land Acquisition Officer was challenged by both the claimants and the Corporation. The Reference Court increased the compensation, which was further modified by the High Court. The main contention was regarding the evidence presented by the claimants to support their claim for increased compensation.

The claimants presented four pieces of evidence, including sale deeds and court judgments related to land transactions. The Reference Court primarily relied on a sale deed dated 27.7.1994 for determining compensation, while the High Court considered additional sale deeds from 1991. The High Court also made adjustments for development costs and arrived at a higher compensation amount.

The Corporation challenged the inclusion of older sale deeds by the High Court, arguing that the nearby land sale deed from 1994 should be the primary basis for compensation determination. The Court agreed with the Corporation, excluding the older sale deeds from consideration due to their distance and timing in relation to the acquisition.

Additionally, the Court addressed the issue of stamp duty payment on a sale deed and the deduction towards development costs. It concluded that the compensation should be reduced to a specific amount per acre, taking into account the location and characteristics of the acquired land.

Ultimately, the Court allowed the appeals of the Corporation, reducing the compensation amount awarded by the High Court and ensuring all statutory benefits were provided. The appeals filed by the landowners were dismissed, with each party bearing their respective costs.

 

 

 

 

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