Tag: Land Acquisition Act 1894

Legal Victory for Farmers: Supreme Court Explains How to Calculate Fair Land Acquisition Value
Supreme Court

Legal Victory for Farmers: Supreme Court Explains How to Calculate Fair Land Acquisition Value

The Supreme Court held that when multiple sale exemplars exist, the highest bona fide transaction must be used to determine market value for compensation, and averaging is impermissible unless prices fall within a narrow range. The Court emphasized that certified sale deeds have presumptive value under Section 51A of the Land Acquisition Act, 1894, and the absence of rebuttal evidence strengthens their validity. Facts Of The Case: The appellants were farmers whose land, Survey Nos. 103 and 104 admeasuring 16.79 Hectares in Village Pungala, Parbhani, Maharashtra, was acquired in the early 1990s under the Maharashtra Industrial Development Act, 1961 for setting up an industrial area near Jintur town. The Land Acquisition Officer awarded compensation at Rs. 10,800 per acre in an award dated...
Supreme Court Upholds ‘Belting Method’ : Orders Equal Compensation for Adjacent Villages in Haryana Land Acquisition Case
Supreme Court

Supreme Court Upholds ‘Belting Method’ : Orders Equal Compensation for Adjacent Villages in Haryana Land Acquisition Case

The Supreme Court ruled that adjacent villages with similar locational advantages must receive equal compensation in land acquisition cases, rejecting artificial disparities. It upheld the "belting method" for valuation but emphasized parity between villages Kukrola and Fazalwas near NH-8. The Court affirmed 10% annual escalation on sale exemplars and disallowed development cuts for highway-adjacent "inner belt" lands, while maintaining 30% cuts for interior plots. The judgment reinforces equitable compensation principles under the Land Acquisition Act, 1894. Facts Of The Case: The case arose from land acquisition proceedings initiated by the Haryana government in 2008 for developing the Chaudhary Devi Lal Industrial Model Township near Gurgaon. A common Section 4 notification under the ...