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august 2009

Supreme Court of India · 2009-08-19

SAIBANNA 'DEAD'BY LRS. vs ASST.COMMNR. & LAND ACQUISITION OFFICER

Citation / case number
SC 2000/14758
Court
Supreme Court of India
Petitioner
SAIBANNA 'DEAD'BY LRS.
Respondent
ASST.COMMNR. & LAND ACQUISITION OFFICER
Author
Dalveer Bhandari

Judgment text excerpt

The Supreme Court held that the High Court erred in deducting 53% towards development charges for land acquisition, emphasizing that such deductions must be case-specific and not automatic. The Court referenced its prior ruling in K.S. Shivadevamma v. Assistant Commissioner (1996) 2 SCC 62, which established that a standard deduction of 33-1/3% is applicable when development has not yet occurred. The Court overturned the High Court's decision, directing a reassessment of the deduction based on the specific circumstances of the case.

SAIBANNA 'DEAD'BY LRS. vs ASST.COMMNR. & LAND ACQUISITION OFFICER · Niyam