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january 2016

Supreme Court of India · 2016-01-18

Arun Manohar Dange And Anr vs Special Land Acquisition Officer

Citation / case number
AIRONLINE 2016 SC 77
Court
Supreme Court of India
Petitioner
Arun Manohar Dange And Anr
Respondent
Special Land Acquisition Officer
Bench
Rohinton Fali Nariman, Kurian Joseph

Judgment text excerpt

The Supreme Court addressed the issue of just compensation for land acquisition, specifically regarding the deduction for development charges. The Court held that a maximum deduction of 44% (33% plus an additional 10%) was appropriate, rejecting the High Court's 75% deduction based on the land's agricultural status and the availability of basic amenities. The Court emphasized that the market value should reflect the development potential of the land, particularly given its location within the Pen Municipal Council and the surrounding infrastructure. The appeal was allowed, and the compensation was to be recalculated accordingly.

Arun Manohar Dange And Anr vs Special Land Acquisition Officer · Niyam