2023 (2) KCR SN 162 (SC)
SUPREME COURT OF INDIA
(Civil Appellate Jurisdiction) (From the High Court of Punjab and Haryana)
Ravinder Kumar Goel
Versus
State of Haryana and Others
Civil Appeal No. 1173 of 2023 with 1176 of 2023 etc. etc., decided on 15.2.2023
A. LAND ACQUISITION ACT, 1894-Section 23-Determination of market value-Circular providing for floor rates-Supreme Court directed parties to lead evidence before Reference Court-As a result sale exemplars were produced-But proceeded to rely upon said circular for determination of market value-Not justified- Judgment of High Court set aside.
B. LAND ACQUISITION ACT, 1894-Section 23-Determination of market value-Acquisition of smaller parcels of land in close vicinity of Municipal Corporation-Such lands cannot be used for agricultural purposes-They are apt to be utilised for urban development-Therefore determination of market value by placing reliance on sale deeds pertaining to larger agricultural lands, not proper.
C. LAND ACQUISITION ACT, 1894-Section 23-Determination of market value-Deduction towards development charges- Acquisition of smaller parcels of land in close vicinity of Municipal Corporation-It cannot be said that there will be no development cost-25% of amount reflected in sale exemplar to be deducted towards development cost.