VidhiSangh

Supreme Court of India · 24/11/2022

STATE OF MADHYA PRADESH & ANR. versus RADHESHYAM & ORS

[2022] 9 S.C.R. 743 · 2022 INSC 1228

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Summary

About 38 hectares in Village Sala, Dhar were acquired in 2004 to rehabilitate people displaced by the raising of the Sardar Sarovar Dam. The Reference Court valued the land from sale deeds of three tiny plots and then applied cumulative deductions of 65% and 48%. The Madhya Pradesh High Court, following its decision in Upendra Singh concerning other land, reduced the total deduction to 35%. It later corrected its figures under Section 152 CPC, raising the per-hectare value used. The Supreme Court set aside both orders and remanded. A market value fixed for different land cannot be transplanted without findings that the lands are comparable in location and nature, and dismissal of the SLP in Upendra Singh did not make it binding here. Whether any deduction for development is warranted, and how much, depends on evidence about the land's development and the amenities it needs.

Issues

  1. Whether the High Court could adopt the market value and 35% development deduction fixed in another acquisition case without findings of comparability.
  2. On what basis the deduction for development and largeness of area is to be determined.

Provisions considered

Held

Result

Civil Appeal Nos. 8857-8858 of 2022 allowed; the Madhya Pradesh High Court (Indore Bench) judgment dated 20.06.2016 in First Appeal No. 131 of 2010 and the correction order dated 08.09.2017 in MCC No. 304 of 2017 set aside, and the matter remitted for fresh determination of market value and development deduction for irrigated and unirrigated land.

Judgment PDF: Supreme Court of India, [2022] 9 S.C.R. 743.