AIROnline 2025 SC 977

Supreme Court Of India

(From : 2023 AIR CC 2659 (Bom))

Hon'ble Judge(s): B. R. Gavai , C.J.I. AND Augustine George Masih , J

(A) Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act (30 of 2013) , S.26— Acquisition of land - Compensation - Market value - Determination - Under the Act of 2013, method for arriving at the market value has been prescribed in Section 26(1)(b) read with Explanations 1 and 2 - Reference Court had relied on six registered sale transactions of lands situated in the vicinity of the acquired land and pertaining to the same period as the acquisition - Said sale transactions were not disputed - Exemplar sale deeds were of lands similarly situated, abutting the same approach road and possessing comparable potentiality for development - Reasonable adjustments were made keeping in view size of plots, their situation and the time-gap between sale instances and notification under Section 11 - Reference Court had properly applied methodology prescribed u/S. 26 of the Act of 2013 for determining market value with reference to the exemplar sale deeds and enhanced the compensation - High Court had erred in setting aside enhancement made in conformity with statutory provision. 2023 AIR CC 2659 (Bom)-Partly Reversed (Para 24 25 26 27) (B....