Full Judgment Text
http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 1 of 1
PETITIONER:
SHIMLA DEVELOPMENT AUTHORITY & ORS,
Vs.
RESPONDENT:
SMT. SANTOSH SHARMA & ANR.
DATE OF JUDGMENT: 22/11/1996
BENCH:
K. RAMASWAMY, G.B. PATTANAIK
ACT:
HEADNOTE:
JUDGMENT:
O R D E R
Leave granted.
Notice was sent to the respondents as early as on July
25, 1991 but neither the unserved notice nor the
acknowledgement cards have so been far received from the
respondents. So notice must be deemed to have been served on
them.
Notification under Section 4(1) of the Land Acquisition
Act, 1894 was published on 23,1,1986 acquiring land situated
at Patti Rihana I and II and Kasumpti Junga of Tehsil &
District Shimla. The Land Acquisition Officer awarded the
compensation at the rate of Rs. 40,000/- per bigha, On
reference, the district Judge enhanced the compensation to
Rs.1,00,000/-. On appeal, the High Court after deducting 40%
of the compensation awarded towards development charges, has
confirmed the same in the impugned judgment. Shri H.K. Puri,
learned counsel for the appellants contended that in several
judgment, this Court has confirmed deduction upto 40% of the
compensation towards development charges and that,
therefore, the same ratio would be maintained in all the
cases. In some cases this Court has pointed out that
depending upon the location between 30% to 40% was proper
and was approved. In this case the Division Bench hes
accepted thus:
"I am of the view a deduction of
the 40% would be reasonable."
We are, therefore, of the view that the High Court has
correctly applied the principle and we find no ground to
interfere with it.
The appeal is accordingly dismissed,