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Mahanti Devi Vs Jaiprakash Associates Ltd. & Anr

Case No: Civil Appeal No. 1572, 1573 Of 2019

Date of Decision: Feb. 8, 2019

Acts Referred: Land Acquisition Act, 1894 — Section 4, 18

Citation: (2019) 5 SCC 163 : (2019) 2 Scale 686 : (2019) 2 RCR(Civil) 186 : (2019) 2 Supreme 293 : (2019) 1 UPLBEC 613

Hon'ble Judges: L. Nageswara Rao, J; M. R Shah, J

Bench: Division Bench

Advocate: Nikilesh Ramachandran, Abhinav Mukerji

Final Decision: Disposed Off

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Judgement

Positive factors,Negative factors

(i) smallness of size,(i) largeness of area

(ii) proximity to a road,"(ii) situation in the interior at a distance from the

road

(iii) frontage on a road,"(iii) narrow strip of land with very small frontage

compared to depth

(iv) nearness to developed area,"(iv) lower level requiring the depressed portion to be

filled up

(v) regular shape,(v) remoteness from developed locality

(vi) level vis-Ã -vis land under acquisition,"(vi) some special disadvantageous factors which

would deter a purchaser

(vii) special value for an owner of an adjoining property to whom it may have some very special

advantageâ€​.",