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SANJAY A. DESHMUKH
Narayan Suryabhan Kosti (Dead) – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT :
SANJAY A. DESHMUKH, J.
1. This appeal is preferred against the judgment and award passed by Joint Civil Judge, Senior Division, Yavatmal, District Yavatmal dated 25.09.2017 in Land Acquisition Case No. 428/2005.
2. The challenge under this appeal is about open plot area admeasuring 48.09 sq. mtr. and constructed area 48.09 sq. mtr. of Plot No. 340, situated at village Pahur, Taluka Babhulgaon, District Yavatmal was acquired for public purpose under Bembla Project. Under the same project, other lands as well as constructed houses were acquired under the same notification and same purposes.
3. Learned Advocate for the appellants relied upon the judgment of this Court in First Appeal No. 430/2024 (Anmol S/o Shrawan Umratkar vs. State of Maharashtra and Others) dated 23rd April, 2024 wherein this Court after considering parity enhanced the compensation regarding open plot @ Rs.750/- per sq. mtr. and constructed structure @ Rs.2421/- per sq. mtr. of the same village. The learned Advocate for the appellants submitted that plot of appellants are similarly situated with the plot in First Appeal No. 430/2024. He, therefore, prayed to award the same rate to the appellants.
4. Perused t
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 in compensation for land acquisition mandates that similarly situated properties receive comparable compensation rates.
The principle of parity in compensation for land acquisition mandates that similar properties receive comparable compensation rates.
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 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 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 determination of compensation for acquired land should consider the conversion to non-agricultural use, the location and development potential, and the evidence of sale instances.
The principle of parity in compensation for land acquisition mandates that similar cases receive similar compensation rates to ensure fairness.
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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