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J. K. MAHESHWARI, ARAVIND KUMAR
Hiralal Motilal Parikh (Deceased Through Lrs. ) – Appellant
Versus
Spl. Laq Officer – Respondent
| Table of Content |
|---|
| 1. overview of land acquisition and compensation (Para 1 , 2) |
| 2. appellant's argument for enhancement of compensation (Para 3 , 4) |
| 3. state's argument against compensation enhancement (Para 5) |
| 4. court's consideration of relevant compensation factors (Para 6 , 7 , 8) |
| 5. guidelines for determining market value and compensation (Para 9 , 10 , 11) |
| 6. potentiality and adjacency considered in compensation (Para 12 , 13 , 14) |
| 7. determination of fair compensation (Para 15 , 16) |
| 8. final order regarding compensation adjustment (Para 17 , 18) |
JUDGMENT :
J.K. MAHESHWARI, J.
1. Arising out of the order dated 20.07.2015 passed by the High Court of Gujarat in the First Appeal No. 1036 of 2002 preferred by the legal representatives of the original claimant, assailing the award dated 05.11.20011[Land Acquisition Case No. 394 of 1989] passed by the Reference Court; which was against the award passed on 30.07.19882[LAQ Case No. 2397] by Special Land Acquisition Officer (in short ‘LAO’), the present appeal has been preferred. In this appeal, the adequacy of compensation granted by the LAO, the Reference Court and also the High Court has been questioned.
2. For the sake of convenience, it is n
The court established that compensation for acquired land must reflect market value based on bona fide transactions and proximity to acquisition date, requiring adjustments for development purposes.
(1) Acquisition of land – Quantum of compensation – Process of assessing or affixing compensation is not tethered to precision but is rather aimed at a nuanced estimation of pertinent factors.(2) Acq....
The market value of the land for the purpose of determining the compensation should be assessed by considering the smallness of the plot, the highest exemplar, and the purpose of acquisition, and by ....
Market value in land acquisition fixed using highest bona fide comparable sale exemplar, with time escalation (10%) and size deductions (20%), considering land potentiality near development areas.
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