P. 1
Land Value in Similar Adjacent Village Can Be Taken to Determine Compensation in Land Acquisition 2010 Sc

Land Value in Similar Adjacent Village Can Be Taken to Determine Compensation in Land Acquisition 2010 Sc

|Views: 197|Likes:
The power of compulsive acquisition has an inbuilt element of duty and responsibility upon the State to pay the compensation which is just, fair and without delay. It is the price which would be payable to a person after the complete appraisal of land with its peculiar advantages and disadvantages being estimated with reference to commercial value. Thus, other consequential right, legal or commercial, which remotely flows from an agricultural activity will not and should not be treated as a relevant consideration. The potentiality has to be directly relatable to the capacity of the acquired land to produce agricultural products or, its market value relatable to the known methods of computation of compensation. It is a settled principle of law that lands of adjacent villages can be made the basis for determining the fair market value of the acquired land. The evidence tendered in relation to the land of the adjacent villages would be a relevant piece of evidence for such determination. Once it is shown that situation and potential of the land in two different villages are the same then they could be awarded similar compensation or such other compensation as would be just and fair.


The power of compulsive acquisition has an inbuilt element of duty and responsibility upon the State to pay the compensation which is just, fair and without delay. It is the price which would be payable to a person after the complete appraisal of land with its peculiar advantages and disadvantages being estimated with reference to commercial value. Thus, other consequential right, legal or commercial, which remotely flows from an agricultural activity will not and should not be treated as a relevant consideration. The potentiality has to be directly relatable to the capacity of the acquired land to produce agricultural products or, its market value relatable to the known methods of computation of compensation. It is a settled principle of law that lands of adjacent villages can be made the basis for determining the fair market value of the acquired land. The evidence tendered in relation to the land of the adjacent villages would be a relevant piece of evidence for such determination. Once it is shown that situation and potential of the land in two different villages are the same then they could be awarded similar compensation or such other compensation as would be just and fair.


More info:

Copyright:Attribution Non-commercial

Availability:

Read on Scribd mobile: iPhone, iPad and Android.
download as PDF, TXT or read online from Scribd
See more
See less

08/01/2011

pdf

text

original

as the extent of compensation awarded to the claimants. The other

reasons for our not accepting the findings recorded and compensation

allowed by the High Court is that, there is no evidence on record to

3

show that there is any intrinsic or inseparable link between the two

activities. Furthermore, there is hardly any evidence on record, and in

fact nothing was brought to our notice by the claimants have proved by

documentary or any other cogent evidence, that they were carrying on

the activity of sericulture and were utilizing mulberry crop only for that

purpose. Even if that was so, we have serious doubt that even in those

circumstances, whether it could be said to be a relevant consideration.

You're Reading a Free Preview

Download
scribd
/*********** DO NOT ALTER ANYTHING BELOW THIS LINE ! ************/ var s_code=s.t();if(s_code)document.write(s_code)//-->