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Head Note

The Land Acquisition Act, 1894  - Section 4 , Section 23

Compensation - Market Value - The area in question is not within the municipal limits but adjacent to the extended limits of municipality -Various educational institutions, houses, railway station, bus stands and other offices are in close vicinity and the entire land has the potentiality like that of non-agricultural land on the date of notification under Section 4 of the Act - On the basis of sale deeds High Court holding that value of land is averaging approximately Rs.100/- per sq.m - Further deduction of 10% from the value so arrived at as land is large chunk, the price per sq.m. on strength of said sale deeds had been arrived at Rs.97, Rs. 90 and Rs. 80 respectively - However, considering the sale-deeds filed for the purpose of first and fourth group of matters had averaged the price and thus it has arrived at value of Rs.60/- for agricultural land and Rs.78/- for non-agricultural land - Held that in the peculiar facts and circumstances, it would have been appropriate to deduct approximately 30% of the amount for development etc. - Further deduction for determining the valuation of the land was not called for -It would be appropriate and just to award compensation at the rate of Rs.100/- per sq.m. for entire land - The compensation determined by the High Court with respect to the third group of matters is modified to the aforesaid extent.

Topic(s)-Land Acquisition - Compensation enhanced