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april 1997

Supreme Court of India · 1997-04-21

LAND ACQ. OFFICER & SUB COLLECTOR GADWAL vs SREELATHA BHOOPAL

Citation / case number
SC 1997/1719
Court
Supreme Court of India
Petitioner
LAND ACQ. OFFICER & SUB COLLECTOR GADWAL
Respondent
SREELATHA BHOOPAL
Author
D.P. WADHWA K. RAMASWAMY
Bench
D.P. WADHWA K. RAMASWAMY

Judgment text excerpt

The Supreme Court held that under the Land Acquisition Act, 1894, the burden of proof for higher compensation lies with the claimant. The Court found that the High Court erred in relying on a sale deed for a small piece of land to determine compensation, emphasizing that market value must consider the nature and extent of the land. The Court set the appropriate market value at Rs.20,000 per acre, allowing the appeal and substituting the award with this amount, along with a 30% solatium and interest on the enhanced compensation.

LAND ACQ. OFFICER & SUB COLLECTOR GADWAL vs SREELATHA BHOOPAL · Niyam