Land Acquisition Act, 1894 – Just and fair compensation – Lands in question were acquired for setting up of an IT Park – Many landowners accepted the compensation at negotiated price of Rs. 1,00,000/- per cent – Present landowners dissatisfied, references made u/s.18 – Reference Court enhanced the compensation – High Court awarded the compensation at the rate of Rs. 1,35,000/- per cent by giving 35% rise to the negotiated price of Rs. 1,00,000/- per cent – Correctness of – Held: High Court rightly took into consideration the negotiated price for which the other various landowners sold their land for the very project for a sale consideration of Rs. 1,00,000/- per cent – However, taking into consideration the location of the lands in question, granting 35% rise to the negotiated price of Rs.1,00,000/- per cent is on a lower side – Landowners are entitled to just and fair compensation – 60% rise granted to the negotiated price – Thus, compensation awarded at the rate of Rs.1,60,000/- per cent instead of Rs. 1,35,000/- per cent – Impugned judgments/orders modified to the aforesaid extent.
Land Acquisition Act, 1894 – Determination of compensation – Negotiated price – Held: Landowners aggrieved by the amount of compensation determined by the Land Acquisition Officer are not bound by the negotiated price agreed by the other landowners, however, in the present case, the same can be said to be a relevant consideration for determining the compensation.
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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