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G. A. SANAP
Executive Engineer – Appellant
Versus
Shankar – Respondent
JUDGMENT :
(G.A. Sanap, J.)
1. Heard.
2. ADMIT. Taken up for final disposal forthwith, with the consent of learned Advocates for the parties.
3. In this appeal, the challenge is to the judgment and award dated 11.02.2020, passed by the learned Civil Judge, Senior Division, Amravati (for short 'the reference Court'), whereby the reference filed by respondent No.1 was allowed and the compensation of the acquired land, determined by the land acquisition officer, was enhanced from Rs.1,57,500/- per hectare to Rs.10,00,000/- per hectare.
4. The land of respondent No.1 bearing Survey No. 192, admeasuring 0.21 H.R. situated at Mouza Sawanga, Tal. Warud, Distt. Amravati, was acquired for 'Loni-Dhawalgiri Prakalp' under medium project Amravati. The notification under Section 4 of the Land Acquisition Act, 1894, was published in the official gazette on 15.11.2007. The land acquisition officer passed the award on 13.03.2009 and determined the market value of the acquired land @ of Rs.1,57,500/- per hectare. Respondent No.1, being aggrieved by the inadequate compensation awarded by the land acquisition officer, filed the reference before the Collector. The Collector made over the reference to the
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.
Compensation for acquired land must reflect its market value, determined by comparable sales and potentiality, as per the Land Acquisition Act.
Compensation for acquired land must be determined by comparable market transactions reflecting true market value, incorporating both land and significant improvements like irrigation wells.
The main legal point established in the given judgment is that the enhanced compensation awarded by the Reference Court is just, proper and reasonable.
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