Shimla
Development Authority & Ors, Vs. Smt. Santosh Sharma & Anr [1996] INSC
1490 (22 November 1996)
K. Ramaswamy,
G.B. Pattanaik
ACT:
HEAD NOTE:
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.
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