Supreme Court of India

Ashrafi and Ors. v. State of Haryana and Ors.

Neutral citation

Reported as [2013] 6 S.C.R. 148

Bench Altamas Kabir and J. Chelameswar JJ.

Decided 11 April 2013

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

1 Supreme Court bench has cited this judgment.

What the Court ordered

We are of the view that a deduction of 331/3 per cent would be reasonable on account of the passage of time and the all round development in the area which has made it impossible for the lands to retain their original character.

Judgment, page 32

From the headnote

Land Acquisition Act, 1894 - s.23 - Compensation - Determination of, on basis of market value of comparable lands - Passage of time between different acquisitions - Held: On facts, compensation accordingly enhanced from Rs.2801 - per sq. yard to Rs.3251-per sq. yard. Land Acquisition Act, 1894 - s.23 - Compensation - Land in question falling within municipal limits - Deduction towards development costs - Held: On facts, deduction of 40% unjustified - Cut of 33113 per cent more realistic. Land Acquisition Act, 1894 - s.23 - Compensation - Land under acquisition already developed to some extent

Authorities it was built on

2008 The General Manager, Oil & Natural Gas Corporation Ltd. v. Rameshbhai Jivanbhai Patel & Anr. cited by 23
1962 Stat.e of Andhra Pradesh v. Duvvuru Balarami Reddy cited by 13
2002 Kasturi and Ors. v. State of Haryana cited by 8
2009 Charan Dass (dead) by L.rs. v. H.P. Housing and Urban Development Authority and Ors. cited by 6
2008 Kanta Devi & Ors. v. State of Haryana & Anr. cited by 4
2010 Udho Dass v. State of Haryana & Ors. cited by 2
2010 Haridwar Development Authority v. Raghubir Singh cited by 2
2005 Union of India v. Harinder Pal Singh and Ors. cited by 1
2009 Saibanna (dead) by Lrs. v. Asstt. Commnr. & Land Acquisition Officer cited by 1

Where later benches applied it

2022 Radhey Sham v. The State of Haryana and Others referred to

Of those, 1 referred to

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