Back
PANKAJ MITHAL, S. V. N. BHATTI
Manilal Shamalbhai Patel (Deceased) through His Legal Heirs – Appellant
Versus
Officer On Special Duty (Land Acquisition) – Respondent
JUDGMENT :
PANKAJ MITHAL, J.
1. Heard Mr. Neeraj K. Kaul, learned senior counsel appearing for the appellants and Ms. Deepanwita Priyanka, learned counsel appearing for the respondents.
2. The land of the appellants, Survey No. 179/3 having an area of 0-98-14 sq. mt. situate in Village Ranoli, Taluka and District Vadodara, Gujarat was acquired by the Government of Gujarat for a public purpose and for the benefit of Gujarat Industrial Development Corporation.1 [‘GIDC’ for short]
3. The notification proposing to acquire the aforesaid land under Section 4 of the Land Acquisition Act2 [Hereinafter referred to as ‘the Act’] was published on 24.07.1989 which was followed by the final Declaration under Section 6 of the Act dated 18.07.1990 to acquire the said land. The Special Land Acquisition Officer3 [Hereinafter referred to as the ‘SLAO’] in exercise of powers under Section 11 of the Act vide award dated 25.02.1992 offered compensation @ Rs. 11 per sq. mt. The appellants were not satisfied with the above offer/award and as such preferred a Reference under Section 18 of the Act. The Reference Court vide its judgment, order and award dated 31.12.2011 passed in Land Reference Case No. 2303 of
Acquisition of land – Quantum of compensation – Determination of prevalent market value of acquired land is not an algebraic formula and that cannot be determined in a precise or an accurate manner –....
Point of Law : Land Acquisition and Requisition – Acquisition of land - Assessment of compensation - An assessment of the compensation payable for land acquired must take into account several factors....
Land Acquisition - Ex-parte proceedings - it is not possible to fix compensation with exactitude or arithmetic accuracy. Depending on the facts and circumstances of the case, the court may have to ta....
The market value of acquired land can be determined using comparable sale instances, even if they are for smaller plots, when larger sales are unavailable.
Market value for compensation must reflect actual conditions and potential of the land, based on comparable sales, excluding speculative advantages from acquisition schemes.
The main legal point established in the judgment is the relevance of surrounding factors, nature and quality of the land, and potential possibilities in determining the market value under the Land Ac....
Acquisition of land – Grant of cumulative increase in market value of land is not an absolute rule – It is optional and may be granted in a given case only.
The court established that compensation for land acquisition must reflect current market conditions and timely disbursement is crucial to ensure just compensation.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
