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Supreme Court of India 2018-01-25 partly_allowed

Surender Singh vs State of Haryana & Ors

Bench: 2 — Abhay Manohar Sapre

In Brief

The Supreme Court remanded 41 consolidated land acquisition cases to the Reference Court for fresh determination of fair compensation. The State had sought reduction of the enhanced rate from Rs. 43,17,841 per acre (Reference Court) to Rs. 12,50,000 per acre (LAO), while landowners sought further increase above the High Court's Rs. 62,11,700 per acre. The Court held that the High Court erred by applying a single flat rate across 15 villages based solely on one comparable village without examining critical factors like actual location distances, development patterns, land quality, and comparable sales in each village. Fair market value requires comprehensive evidence on multiple material issues. The Court remanded cases to the Reference Court to conduct fresh trials with proper evidence on all relevant factors under Section 23 of the Land Acquisition Act, 1894.

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Land Acquisition Compensation Fair Market Value Land Acquisition Act, 1894 Civil Procedure Appellate Jurisdiction

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