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Y. G. KHOBRAGADE
Executive Engineer Medium Project Division – Appellant
Versus
Balaprasad Ganeshlal Sarda – Respondent
JUDGMENT :
Y. G. Khobragade, J.
Heard finally at admission stage with consent of both the sides.
2. The facts giving rise to this appeal in narrow compass are as under :-
(b) The Notification under section 4 of the of the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act' for brevity) came to be published on 25.06.1996. The possession of the above said acquired land was taken by the State by way of private negotiation.
(c) According to the claimants, the land under acquisition was of good quality, irrigated having facility of water from the well. They were getting crops like sugarcane, banana, paddy, wheat, chilly, green vegetable, hybrid Jawar (Millet), Khapali, sunflower, groundnuts & fruits bearing trees etc from acquired land.
(d) The Special Land Acquisition Officer was pleased to pass an award Dated 22.03.1999 in respect of ac
The court upheld the Reference Court's enhanced compensation for acquired land, emphasizing the need for evidence-based valuation while modifying the interest rate to 9% per annum from the date of aw....
Land Acquisition - Claimant is entitled to get rental compensation in this case when the claimant is dispossessed prior to issuance of notification under Section 4 of the Act.
The main legal point established in the judgment is the correct classification of acquired land as perennially irrigated, leading to the entitlement of enhanced compensation, rental compensation, and....
The court determined that compensation for acquired land must reflect fair market value, aligning with previous awards for similar properties.
The main legal point established in the judgment is the determination of fair compensation for acquired lands based on the prevailing market rate and the evidence presented to establish the market va....
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....
The court established that compensation for land acquisition must be based on market value evidenced by comparable sales, and interest must be calculated per statutory provisions.
Court reaffirms right to fair market value in land acquisition, stressing reliance on genuine comparable sales and entitlement to higher solatium and interest.
The acquiring authority to award additional interest by way of damages @ 15% per annum from the date when respondents-claimants were dispossessed till the date of notification under Section 4 of Act.
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