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SANJAY A. DESHMUKH
Executive Engineer Bembla Canal Division Yavatmal – Appellant
Versus
Madhao Krishna Badade (Dead) Thr. Lrs. Sumanbai Madhav Badade – Respondent
JUDGMENT :
(Sanjay A. Deshmukh, J.)
1. This appeal is preferred against the judgment and award passed by Joint Civil Judge, Senior Division, Yavatmal dated 21.07.2017 in Land Acquisition Case No.166/2012.
2. The land bearing Gat No.3, admeasuring 1.37 HR. situated at village Gujari, Tahsil Ralegaon, District Yavatmal out of which land admeasuring 0.11 R. of the claimants was acquired by the appellant for the submergence of Bembla project for which Section 4 notification came to be issued on 22.02.2007. As per the award dated 10.02.2010, the Land Acquisition Officer awarded compensation of Rs.9,702/- for acquired land. Being aggrieved by inadequate compensation, a reference seeking enhancement of compensation was moved under Section 18 of the Land Acquisition Act, 1894. According to land owner, the valuation of the acquired land and the actual damage caused was not properly appreciated and valued.
3. The present appellant and respondent Nos.2 and 3 by filing their written statements vide Exhibit Nos.12 and 15 respectively resisted the claim. The following issues were framed by the learned reference Court at Exhibit 16 :
(2) W
Important Point : The principle of parity in compensation awards is upheld, affirming the reference court's judgment as justified and consistent with prior rulings.
The main legal point established in the judgment is the determination of adequate compensation for acquired property under the Land Acquisition Act, 1894, and the entitlement of claimants to receive ....
The principle of parity in compensation for land acquisition mandates that similar cases receive similar compensation rates to ensure fairness.
The principle of parity in compensation for acquired land mandates that similar cases receive consistent treatment, resulting in an enhancement of compensation to Rs.275/- per Sq. Ft.
The principle of parity in compensation rates was upheld, leading to enhanced compensation for the appellants' property based on a precedent case.
The principle of parity mandates that compensation for land acquired for similar purposes in the same locality must be equivalent, ensuring fairness in compensation assessments.
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