VidhiSangh

Supreme Court of India · 21/04/2025

SUMITRABEN SINGABHAI GAMIT versus STATE OF GUJARAT & ORS.

[2025] 4 S.C.R. 1398 · 2025 INSC 521

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

Under the proviso to Section 26(1) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, the market value of land being acquired must be determined as on the date of the notification under Section 11. The High Court erred in fixing 1 January 2014, the date of commencement of the Act, as the valuation date for a portion of the appellant's land that the State admittedly used for a canal without any acquisition and for which no Section 11 notification has yet been issued.

Issues

  1. Whether, for land yet to be acquired under the 2013 Act, the date for determining market value is the date of the Section 11 notification (proviso to Section 26(1)) or the date of commencement of the Act, 1 January 2014.

Provisions considered

Held

Result

Appeal allowed; High Court judgment dated 21 August 2024 in SCA No. 20392 of 2023 set aside; the market value of the additional portion of Survey No. 119 is to be determined as on the date on which the respondents issue the notification under Section 11 of the 2013 Act.

Judgment PDF: Supreme Court of India, [2025] 4 S.C.R. 1398.