VidhiSangh

Supreme Court of India · 23/03/2021

U.P. AWAS EVAM VIKASH PARISHAD versus ASHA RAM (D) THR. LRS & ORS.

[2021] 3 S.C.R. 751 · 2021 INSC 201

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Summary

The Supreme Court restored compensation of ₹120 per square yard, with statutory benefits, for land acquired under the Parishad’s 26 June 1982 notification. The High Court had wrongly adopted ₹297 per square yard from awards involving later acquisitions or different locations without establishing comparability. Market value required evidence proximate to the relevant notification and land, with appropriate deductions for small-plot exemplars and regard to existing potentiality. The comparable sales supported the Reference Court’s valuation.

Issues

  1. Whether compensation for later or differently situated acquisitions could determine market value for the 1982 Parishad acquisition.
  2. Whether the sale exemplars and evidence of potentiality justified enhancement from ₹120 to ₹297 per square yard.

Provisions considered

Held

Result

Appeals allowed. High Court enhancement set aside; Reference Court compensation of ₹120 per square yard with statutory benefits restored.

Judgment PDF: Supreme Court of India, [2021] 3 S.C.R. 751.