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SANJAY A. DESHMUKH
Priyadarshan Rajkamal Bharti – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT :
1. Admit. Heard finally with the consent of learned Advocates appearing for the parties.
2. This appeal is preferred against the judgment and award passed by the Reference Court, Darwha, District Yavatmal in Land Acquisition Case No.1030/2004, dated 17.12.2018. It was reference under Section 18 of the Land Acquisition Act, 1894.
3. The said reference was against the award dated 22.5.2000 in LAC No.15/47/1992-1993 of mouza Arni, Tahsil Arni, District Yavatmal. The Survey No.39/1, admeasuring 12 Hectare and 63 R land situated at village Arni, Tahsil Arni, District Yavatmal is adjacent to the road, out of it 25 R land was acquired for construction of Parsoda minor canal of Arunawati project at Arni. The notification was issued as per law. The award was drawn up and an amount of Rs.80,000/- per hectare for acquired land was awarded. It was meager amount. The objections were filed by the claimant. Therefore, reference was made. The Reference Court on merit held in last para No.20 of the impugned judgment that acquired land is having non-agricultural potentiality as on the date of notification. The said finding is not challenged by the respondents-State Government etc.
4. Learned
The court established that compensation for acquired land must reflect its market value and potentiality, ensuring equality under Article 14 of the Constitution.
[The court established that the market value of acquired land must include its potential for non-agricultural use, and that failure to consider such potential constitutes an error in determining comp....
The main legal point established in the judgment is the assessment of compensation based on the market value of the land at the time of notification under Section 4(1) and the determination of land v....
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