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september 2009

Supreme Court of India · 2009-09-14

State Of Goa & Anr vs Gopal Baburao Gaudo & Ors

Citation / case number
2010 AIR SCW 2526
Court
Supreme Court of India
Petitioner
State Of Goa & Anr
Respondent
Gopal Baburao Gaudo & Ors
Bench
B Sudershan Reddy, R V Raveendran

Judgment text excerpt

The High Court dismissed the petitioner's appeal regarding compensation for acquired land under the Land Acquisition Act, 1894. The Court held that the acquired land, despite being a narrow strip within a prohibited construction zone, retains development potential when merged with adjacent land, thus justifying its market value. The Court also ruled that statutory benefits such as solatium under Section 23(2) and additional amounts under Section 23(1A) do not affect the determination of market value under Section 23(1) of the Act, emphasizing the distinct purpose of these benefits.

State Of Goa & Anr vs Gopal Baburao Gaudo & Ors · Niyam