Introduction When the state compulsorily acquires a citizen’s land, the question of fair compensation becomes not merely an administrative matter but a constitutional imperative. The stakes are especially high when the land in question carries a distinctive character say, an active industrial site but the authorities reach for an entirely different metric, such as a...
The Supreme Court of India has ruled that land acquisition cases prior to 2018 under the NHAI Act can not be reopened to grant additional compensation with interest to affected farmers. This oral observation came during a review plea hearing by the National Highways Authority of India (NHAI). Court Background A bench led by Chief...
New Delhi: In a significant victory for landowners and farmers, the Supreme Court has clarified the guiding principle for determining compensation in compulsory land acquisition cases, ruling that authorities must generally consider the highest comparable bona fide sale price (or “exemplar”) rather than resorting to an average. The ruling, delivered by a bench of Chief...
New Delhi: In a significant judgment addressing land acquisition compensation, the Supreme Court of India has firmly reiterated that comparable sale deeds used to determine market value must pre-date the official Section 4 Notification of the Land Acquisition Act, 1894. The two-Judge Bench of Justices Surya Kant and Ujjal Bhuyan delivered the ruling while settling...
