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Supreme Court of India 2016-02-18 partly_allowed

Ashok Kumar & Anr. Etc vs State of Haryana

Bench: 2 — Kurian

In Brief

The State of Haryana acquired approximately 46.93 acres of land in Village Fatehpur for residential and commercial development in Panchkula under the Land Acquisition Act, 1894. The appellants claimed compensation at Rs. 125 per square yard, but sought Rs. 250 per square yard (awarded to properties in adjoining villages with better highway access). The Supreme Court held that courts are not restricted to awarding compensation only up to the amount claimed by claimants; they must award just and fair compensation based on true market value. However, the Court found the appellants' land was situated 375 yards from the national highway with only a narrow road connection, unlike adjacent properties with direct highway frontage. The Court awarded Rs. 200 per square yard as appropriate just compensation given the actual location and accessibility circumstances.

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