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Supreme Court of India 2019-02-08 remanded

MAHANTI DEVI vs M/S. JAIPRAKASH ASSOCIATES LTD.

Bench: 2 — L. Nageswara Rao, M.R. Shah

In Brief

This case concerns land acquired for a cement project in Himachal Pradesh. The Reference Court determined compensation at Rs.5 lakhs per bigha, imposing a 60% deduction on a higher market value derived from a small parcel sale deed. The High Court upheld this. The Supreme Court remanded the matter for reconsideration, holding that deductions from market value must be justified through reasoned analysis of relevant positive and negative factors (size, location, shape, proximity to roads, etc.), rather than being imposed arbitrarily. The Court emphasized that compensation determination cannot rely on mathematical accuracy alone but must consider comparative market evidence with proper adjustments.

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Land Acquisition Compensation Market Value Deduction

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