Land Acquisition Compensation - In Exceptional Cases, Courts Can Direct Market Value Be Determined Based On A Date After Prelim Notification : Supreme Court
Live LawThe Supreme Court today observed that although the land acquisition compensation is to be determined at the market rate prevailing on the date of issuance of the notification regarding the acquisition of land, the compensation can be determined based on a later date in exceptional circumstances when the delay in the disbursal of the compensation has been inordinate.The bench of. The Supreme Court today observed that although the land acquisition compensation is to be determined at the market rate prevailing on the date of issuance of the notification regarding the acquisition of land, the compensation can be determined based on a later date in exceptional circumstances when the delay in the disbursal of the compensation has been inordinate. The bench of Justices BR Gavai and KV Viswanathan heard a case challenging the Karnataka High Court's decision to reject the appellant's plea for compensation based on a later valuation date, contending that delays in payment had significantly impacted the land's market value, warranting compensation based on the later date rather than the date of the land acquisition notification. Also, the court referred to number of precedents supporting the shift in date for determining the land acquisition compensation, it observed: "It can thus be seen that this Court in the aforesaid case observed that normally, compensation is determined as per the market price of land on the date of issuance of the notification regarding acquisition of land but there are judgments of this Court where in similar situations instead of quashing the impugned notification, this Court shifted the date of the notification so that the landowners are adequately compensated."