Judicial precedents (Supreme Court of India) on Land acquisition Act

I. Larger agri-use land vis-à-vis smaller residential plot: In Haridwar Development Authority vs. Raghubir Singh and Others (2010)11 SCC 581. In the said case, this Court held as follows: “When the value of a large extent of agricultural land has to be determined with reference to the price fetched by sale of a small residential plot, it is necessary to make an appropriate deduction towards the development cost, to arrive at the value of the large tract of land. The deduction towards development cost may vary from 20% to 75% depending upon various factors. Even if the acquired lands have situational advantages, the minimum deduction from the market value of a small residential plot, to arrive at the market value of a larger agricultural land, in the usual course, will be in the range of 20% to 25%. In this case, the Collector has himself adopted a 25% deduction which has been affirmed by the Reference Court and the High Court. We, therefore, do not propose to alter it.” Therefore, it is clear that mere reliance made by a Court on sale deeds of smaller residential area for determination of market value of larger agricultural area, the same will not render the determination illegal until and unless it is shown that the determination was not proper. http://www.lawweb.in/…/court-must-take-judicial-notice-of-f… See more at: http://www.lawweb.in/…/appreciation-of-evidence-regarding.h…

II. Increase in land Price in the absence of other acceptable evidence: General Manager, Oil and Natural Gas Corporation Limited vs. Rameshbhai Jilvanbhai Patel and Another reported in (2008) 14 SCC 745, the Hon’ble Supreme Court observed that in the absence of other acceptable evidence, a cumulative increase of 10 to 15 per cent is permissible with reference to acquisitions in 1990. In the decades preceding 1990s, the quantum of increase was considered to be less than 10 per cent per annum. This Court in Sardar Joginder Singh vs. State of Uttar Pradesh and Another (2008) 17 SCC 133, noticed that the said case related to acquisition in the year 1979 and relying upon the award related to an acquisition of 1969 observed that the general increase between 1969 to 79 can be taken to be around 8 to 10 percent per annum.

III. Allotment rates of plots adopted by Development Authorities like DDA cannot form basis for award of compensation for acquisition of undeveloped lands. Supreme Court of India in Lal Chand vs Union of India & Anr. On 12 August, 2009. - See more at: http://www.lawweb.in/…/allotment-rates-of-plots-adopted-by.…

IV. Court cannot grant enhanced compensation to claimant if he fails to adduce evidence that compensation granted by collector is inadequate. Supreme Court of India in Ramanlal Deochand Shah vs. State of Maharashtra & Anr on 5 July, 2013. See more at: http://www.lawweb.in/…/09/court-can-not-grant-enhanced.html…

V. standing crops, etc. evidence is essential - Appreciation of evidence regarding standing crop in land acquisition Case. IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION REPORTABLE CIVIL APPEAL NO.5311 OF 2012 (arising out of SLP(C) No.34284 of 2011) - See more at: http://www.lawweb.in/…/appreciation-of-evidence-regarding.h…

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