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STATE OF MADHYA PRADESH & ANR. vs. RADHESHYAM & ORS

SCR Citation: [2022] 9 S.C.R. 743
Year/Volume: 2022/ Volume 9
Date of Judgment: 24 November 2022
Petitioner: STATE OF MADHYA PRADESH & ANR.
Disposal Nature: Appeal Allowed
Neutral Citation: 2022 INSC 1228
Judgment Delivered by: Hon'ble Mr. Justice Krishna Murari
Respondent: RADHESHYAM & ORS
Case Type: CIVIL APPEAL /8857-8858/2022
Order/Judgment: Judgment
1. Headnote

Land Acquisition Act, 1894: s.4(1) – Market value of land acquired – Determination of – Standard method of determination is by evaluating the land on the date of publication of notification u/s. 4(1) of the Land Acquisition Act – Thus, it is determined with reference to the open market sale of comparable land in the neighbourhood, by a willing seller to a willing buyer, on or before the date of preliminary notification – In the instant case, none of the principles were followed by High Court – Matter remitted to High Court for fresh consideration. Land Acquisition Act, 1894: Deduction to be made towards utilization of land and development charges – Deduction depends upon the evidence to be brought on record by the parties in respect of land under acquisition – If land under acquisition is capable of being used for the purpose for which smaller plots are used and is situate in a fully developed area with no requirement of any further development to be made, there would be no need for deduction of the value – Where all civic and other amenities are to be provided to make the land suitable for the purpose for which it is required, deduction is liable to be made.

2. Case referred
3. Act
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4. Keyword
  • Land Acquisition Act
  • 1894: s.4(1)
  • market value