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VIKRAM NATH, AHSANUDDIN AMANULLAH
Central Warehousing Corporation – Appellant
Versus
Thakur Dwara Kalan Ul-Maruf Baraglan Wala (Dead) – Respondent
JUDGMENT :
VIKRAM NATH, J.
1. Application for substitution is allowed.
2. Leave granted.
3. The present appeals assail the correctness of common judgment and order of the High Court of Punjab & Haryana at Chandigarh dated 01.06.2016, whereby the appeal filed by Respondent No.1 (RFA No. 295 of 2005) was partly allowed, and the appeals filed by the appellant and State of Haryana (respondent No.2) (RFA No. 2400 of 2004 and RFA No. 2522 of 2004) were dismissed, raising the amount of compensation to Rs.493/- per square yard on the date of notification under Section 4 of the Land Acquisition Act, 18941[In short, ‘1894 Act’]. The basis for the same being cumulative annual increase at the rate of 15% for a period of 11 years. The base figure was taken from an order of Reference Court dated 30.08.2000 relating to acquisition of land of the same village Naraingarh of the year 1989, and the period of 11 years being counted from 1989 to 2000, the year of the notification dated 10.11.2000 issued under Section 4 of the 1894 Act.
4. Relevant facts for deciding the present appeals are as follows:
i) Notification was issued under Section 4 of the 1894 Act on 10.11.2000 for acquiring land measuring 80 Ka
Acquisition of land – Fair and just compensation – Annual increase to determine just compensation varies from case to case and period to be applied is a major factor to be considered.
The main legal point established in the judgment is the requirement for concrete evidence to determine the fair value of acquired land under the Land Acquisition Act, 1894, and the Court's authority ....
The main legal point established in the judgment is the application of Section 23 of the Jammu & Kashmir Land Acquisition Act, Svt. 1990, and the interpretation of legal precedents to determine the m....
The court modified the compensation for acquired land, emphasizing the need for careful comparison of prior judgments and appropriate application of annual increase rates.
(1) Acquisition of land – Where there exists no direct piece of evidence to determine fair and just compensation, Court will resort to settled principle of Guesstimation.(2) Acquisition of land – Det....
The court affirmed that cumulative increases in compensation should be calculated based on market value assessments, rejecting flat rate increases to ensure just compensation for acquired land.
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