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august 2009

Supreme Court of India · 2009-08-19

Saibanna 'Dead'By Lrs vs Asst.Commnr. & Land Acquisition ...

Citation / case number
AIR 2009 SC (SUPP) 1950
Court
Supreme Court of India
Petitioner
Saibanna 'Dead'By Lrs
Respondent
Asst.Commnr. & Land Acquisition ...
Author
Dalveer Bhandari
Bench
Harjit Singh Bedi, Dalveer Bhandari

Judgment text excerpt

The Supreme Court held that the High Court erred in deducting 53% towards development charges for acquired land within municipal limits, emphasizing that such deductions should not exceed 33-1/3% as per established legal principles. The Court referenced K.S. Shivadevamma & Others v. Assistant Commissioner & Land Acquisition Officer, clarifying that deductions depend on the nature and stage of development. The Court overturned the High Court's decision and remanded the case for recalculation of compensation based on appropriate deductions.

Saibanna 'Dead'By Lrs vs Asst.Commnr. & Land Acquisition ... · Niyam