Supreme CourtDivision Bench

Shakuntalabai Etc. vs Union Of India & Others

Supreme Court Of India · Decided on 18 November 2021 · Citation: (2021) 11 SC CK 0066

HON’BLE JUDGES
Uday Umesh Lalit, J · S. Ravindra Bhat, J
ACTS & SECTIONS REFERRED
Land Acquisition Act, 1894 — Section 4
RESULT
Allowed
CASE NUMBER
Civil Appeal Nos. 6959-6960 Of 2021
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Judgment

6 paragraphs · 198 words

Leave granted.

These appeals challenge the judgment and order dated 31.08.2020 passed by the High Court of Karnataka, Bench at Kalaburagi, in MFA Nos.201769/2018 and 201770/2018.

The lands under acquisition in the instant matter come from village Taj Sultanpur. However, as against the previous matter (i.e. Civil Appeal Nos.6957-6958 of 2021), the notification issued under Section 4 of the Land Acquisition Act, 1894 in the instant case was five years later. One of the methods adopted by the High Court and the Courts below in the instant case was to take the value awarded in the earlier acquisition to be the base value and then grant accretion per year @ 10 per cent. Adopting the same methodology, in our view, the base value for lands from the village Taj Sultanpur has to be taken at the level of Rs.129.95 per sq. ft.

Considering enhancement @ 10% per annum, enhancement to the tune of 50% has to be awarded in the present matter.

We, therefore, proceed to award Rs.195 per sq. ft. in respect of lands from village Taj Sultanpur in the instant matter.

The appeals are, accordingly, allowed to the aforesaid extent, without any order as to costs.