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.