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Civil · Reportable judgment

Hiralal Motilal Parikh (Deceased Through Lrs) vs Spl. LAQ Officer & Anr.

Court
Supreme Court of India
Date
27 March 2025
Case No.
Civil Appeal No. 1438 of 2016
Result
Partly allowed
Bench
J.K. Maheshwari, Aravind Kumar
Citation
[2025] 3 S.C.R. 1519 : 2025 INSC 815
Acts & Sections
Land Acquisition Act, 1894
Supreme Court Reports [2025] 3 S.C.R. 1519 : 2025 INSC 815
Issue for consideration
Whether the compensation awarded by the Reference Court, marginally enhanced by the High Court along with other statutory benefits is fair and reasonable.
Headnote

Land Acquisition Act, 1894 – Compensation – Enhancement of – Document proximate to the date of notification, if can be considered as exemplar for determination of compensation: Held: Bona fide transaction of sale, if proximate to the land acquired and the date, in absence of any evidence that acquisition has not motivated the purchaser to pay a higher price on account of resultant improvement in development prospects, can be relied upon while determining the compensation – Exhibit 53 (the sale deed of an adjoining land, executed within a month from the date of notification of s.4 LAA, indicating the value at Rs.152.37/- per square metre) is accepted as exemplar – Purchaser of the land was not motivated to pay the higher price for execution of the said sale deed – Furthermore, even prior to the notification, the land was allotted at the rate of Rs.65/- per square metre [Exhibit 44, an allotment letter] – Said exemplar is also relevant to determine the fair and reasonable amount of compensation – Compensation as determined by the High Court at the rate of Rs.53/- per square metre is on the lower side – Mean of the exemplars Exhibits 44 and Exhibit 53 [i.e., (65 + 152.37) / 2] comes to Rs.108.68/- per square metre – Thus, compensation of the land be determined at the rate of Rs.107/- per square metre. [Paras 9, 11, 15, 16]

Keywords: Land acquisition · Fair and reasonable amount of compensation · Enhancement of compensation · Compensation enhanced · Exemplars · Exemplars Exhibits · Documents proximate to the date of notification and the land acquired · Exemplar for determination of compensation · Bona fide transaction of sale · Proximate to the land acquired and the date of notification · Purchaser of the land not motivated to pay the higher price · Reference Court · Compensation on the lower side · Mean of the exemplars

As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Divya Pandey. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

Judgment J.K. Maheshwari, J. 1. Arising out of the order dated 20.07.2015 passed by the High Court of Gujarat in the First Appeal No. 1036 of 2002 preferred by the legal representatives of the original claimant, assailing the award dated 05.11.20011 passed by the Reference Court; which was against the award passed on 30.07.19882 by Special Land Acquisition Officer (in short ‘LAO’), the present appeal has been preferred. In this appeal, the adequacy of compensation granted by the LAO, the Reference Court and also the High Court has been questioned. 2. For the sake of convenience, it is noted
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