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SANJAY A. DESHMUKH
Ghanshyam S/o Waghu Rathod – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT :
1. This appeal is preferred against the judgment and award passed by Civil Judge, Senior Division, Pusad, District Yavatmal dated 24.09.2013 in Land Acquisition Case No.131/2004.
2. The challenge under this appeal is about land bearing Survey No.25, admeasuring 2.02 HR., situated at village Kurali, Taluka Umarkhed, District Yavatmal was acquired for public purpose under the “Amdapur Project”. Under the same project, other lands were acquired under the same notification and same purposes.
3. Learned Advocate for the appellant is relying upon the common judgment passed by this Court in First Appeal No.693/2022 (Bhagwan Kashiram Ade Vs. State of Maharashtra and others) dated 15.04.2024, wherein this Court after considering evidence and parity, enhanced the amount of compensation @ Rs.83,000/- per hectare of the same village. The learned Advocate for the appellant submitted that land of appellant is situated near the land situated in First Appeal No.693/2022. He, therefore, prayed to award the same rate of compensation to the appellant by applying principle of parity.
4. Perused the impugned judgment as well as the judgment of this Court passed in First Appeal No.693/2022 cited
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.
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.
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 court determined that compensation for acquired land must reflect fair market value, aligning with previous awards for similar properties.
Compensation for land acquisition must reflect the market value established in related cases, as accepted by the acquiring body.
The principle of parity in compensation rates was upheld, leading to enhanced compensation for the appellants' property based on a precedent case.
The court established that compensation for acquired land must reflect its market value and potentiality, ensuring equality under Article 14 of the Constitution.
The principle of parity in compensation for land acquisition mandates that similarly situated properties receive comparable compensation rates.
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