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M. R. SHAH, B. V. NAGARATHNA
Pramina Devi (Dead) through LRs. – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
M.R. SHAH, J.
1. Feeling aggrieved and dissatisfied with the impugned judgments and orders passed by the High Court of Jharkhand at Ranchi dated 28.03.2019 passed in First Appeal Nos. 40 of 2007 and 41 of 2007, the original appellants-claimants/landowners have preferred the present appeals.
2. That the land of the respective appellants situated in Village Gulabjhari, District Palamau (Jharkhand) were acquired under the provisions of the Land Acquisition Act, 1894 (hereinafter referred to as “Act 1894”) for public purpose. A notification under Section 4 of the Act, 1894 was published on 01.10.1980. That the Land Acquisition Officer awarded Rs. 180/- per decimal. At the instance of the original landowners references were made to the District Court under Section 18 of the Act, 1894. Before the Reference Court, the claimants heavily relied upon the Sale-Deed registered between the years 1977 to 1979, which were marked as Exh.2, Exh.2/a, Exh.2/b and Exh.2/c. The Reference Court discarded all the aforesaid sale-deeds and dismissed the respective references observing that the
Acquisition of land – Assessment of amount of compensation – While considering sale deed/sale exemplar, proximity in time to date of sale deed and to date of notification under Section 4 of Land Acqu....
The main legal point established in the judgment is the assessment of compensation under the Land Acquisition Act, 1894, based on the consideration of sale deeds, determination of market value, and t....
While determining market value/compensation, previous instances of acquisition in proximity for location and potential of land acquisition along with cumulative increase is relevant consideration.
Acquisition of land – In given case even a sale deed of comparable sales of small areas also can be considered by giving suitable deductions while fixing market value.
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