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REDDYANDREDDYASSOCIATES 55dafb5d4ec0a407c44969ae Services https://www.reddyandreddylawfirm.com

WHILE DETERMINING MARKET VALUE FOR PURPOSE OF C...

  • 2022-02-04T05:01:14

WHILE DETERMINING MARKET VALUE FOR PURPOSE OF COMPENSATION, PROXIMITY TO DEVELOPED AREA TO BE CONSIDERED: SUPREME COURT In the case of Madhukar S/O Govind Rao Kamble & amp; Ors vs Vidarbha Irrigation Development Corporation and others, The Supreme Court while setting aside an order of the Bombay High Court observed that the nature of the land is not the factor that alone is determinative of its market value and it must be determined keeping in view factors, including proximity to developed areas and the road. In the present case the land was intended to be acquired in accordance with notification U/S 4 of Land Acquisition Act for the purpose of resettlement of affected persons from Lower Wardha submergence-project. However, the land owner was not satisfied by the compensation granted by the special land officer and hence the landowner went into references under Section 18 of the Land Acquisition Act, wherein the reference court found that per hectare market value of the land would be Rs. 1, 95, 853.55. Further Bombay High Court through its impugned order set aside the Reference Court’s order, challenging the same this appeal was filed to the apex court. The Supreme Court while setting aside the High Court’s order stated that the evidence produced by the landowners is that the acquired land is close to educational institutions, banks, tehsil office etc., and hence the market value of the land must be determined in accordance with various factors and one of them being proximity to developed areas and roads. Reddy and Reddy Law Firm regularly advises and represents various types of clients including developers, contractors, builders, consultants, flat purchasers, on matters related to strategic planning, real estate disputes, purchase of property purchase and land acquisition. We also represent clients in property related disputes before the competent courts.

WHILE DETERMINING MARKET VALUE FOR PURPOSE OF COMPENSATION, PROXIMITY TO DEVELOPED AREA TO BE CONSIDERED: SUPREME COURT In the case of Madhukar S/O Govind Rao Kamble & amp; Ors vs Vidarbha Irrigation Development Corporation and others, The Supreme Court while setting aside an order of the Bombay High Court observed that the nature of the land is not the factor that alone is determinative of its market value and it must be determined keeping in view factors, including proximity to developed areas and the road. In the present case the land was intended to be acquired in accordance with notification U/S 4 of Land Acquisition Act for the purpose of resettlement of affected persons from Lower Wardha submergence-project. However, the land owner was not satisfied by the compensation granted by the special land officer and hence the landowner went into references under Section 18 of the Land Acquisition Act, wherein the reference court found that per hectare market value of the land would be Rs. 1, 95, 853.55. Further Bombay High Court through its impugned order set aside the Reference Court’s order, challenging the same this appeal was filed to the apex court. The Supreme Court while setting aside the High Court’s order stated that the evidence produced by the landowners is that the acquired land is close to educational institutions, banks, tehsil office etc., and hence the market value of the land must be determined in accordance with various factors and one of them being proximity to developed areas and roads. Reddy and Reddy Law Firm regularly advises and represents various types of clients including developers, contractors, builders, consultants, flat purchasers, on matters related to strategic planning, real estate disputes, purchase of property purchase and land acquisition. We also represent clients in property related disputes before the competent courts.

  • 2022-02-04T05:01:14

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