GIAN KAUR (DEAD) v. THE STATE OF HARYANA
Supreme Court of India | Diary 10072/2021
Status
ROP - of Main Case
Decided On
14-07-2021
Bench
HON'BLE MR. JUSTICE A.M. KHANWILKAR and HON'BLE MR. JUSTICE SANJIV KHANNA
Petitioner
GIAN KAUR (DEAD)
Respondent
THE STATE OF HARYANA
Primary Holding
In land acquisition compensation matters, when sale instances used to determine fair market value under one acquisition notification are erroneously applied to a separate notification, such an error apparent on the face of the record warrants remand for fresh determination; further, deduction towards development costs from comparable sale instances must be proportionate to the land's proximity to roads and municipal limits, and a deduction exceeding one-third is excessive where the acquired land is situated in close proximity to such infrastructure.
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