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ARAVIND KUMAR, J. K. MAHESHWARI
Executive Engineer, Works Division, PWD – Appellant
Versus
Fregrenando Alex Nunes – Respondent
| Table of Content |
|---|
| 1. overview of appeals regarding land compensation (Para 1 , 2) |
| 2. background on land acquisition process (Para 4) |
| 3. arguments on compensation valuation (Para 5 , 6) |
| 4. determination of fair compensation and enhancements (Para 8 , 12) |
| 5. legal principles for determining market value (Para 9 , 10 , 11) |
| 6. final ruling on appeals (Para 13) |
ORDER :
2. The State by contending that the compensation enhanced by the Reference Court which has been affirmed by High Court has preferred Civil Appeal No.6297 of 2025 and the land owners have filed Civil Appeal No.6296 of 2025 challenging the common judgment of the High Court dated 22.02.2022 referred to hereinabove.
BRIEF BACKGROUND
5. It is the contention of the learned counsel appearing for the State that the High Court had erred in confirming the compensation determined by the Reference Court on the ground that there was no basis or evidence for arriving at the market value of the property. It is also contended that the High Court had relied upon the sale deed dated 8.2.1993 which deed relates to the acquired land though not produced before the Reference Court since it reflected the price of the acquired land or market value as on da
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.
Assessment is to ensure that land owner gets fair compensation and his claim is not fanciful or imaginary. In assessing a sale transaction, what is paramount to assess is, whether it was the price of....
The court relied on post-Section 4 notification sale instance and evaluated plus and minus factors to determine compensation rates.
Market value for compensation must reflect actual conditions and potential of the land, based on comparable sales, excluding speculative advantages from acquisition schemes.
The burden of proof lies with claimants to establish a higher market value than that fixed by the Reference Court, which was upheld as reasonable.
The court upheld the Reference Court's enhancement of compensation for acquired lands, affirming the reliance on sale deeds and evidence as just and reasonable.
Compensation for land acquisition must reflect fair market value, as evidenced by relevant sales statistics, ensuring just compensation to claimants.
Acquisition of Land - Three sale deeds - Determination of market value of land - Enhancement of Compensation - Average price of one biswa of land sold by way of these three sale deeds is between Rs.2....
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