Back
SANJAY A. DESHMUKH
Vasant Sambhashiv Shastrakar (Dead) through Legal Representatives – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT :
Sanjay A. Deshmukh, J.
1. Heard. Admit. Heard finally with consent of the learned Advocates for the parties.
2. This appeal is preferred against the judgment and award passed by Civil Judge, Senior Division, Pandharkawada (Kelapur) dated 29.11.2005 in Land Acquisition Case No.128/2002 (Old LAC No.39/1995).
3. The land bearing Survey No.51/3, admeasuring 0.36 R., situated at Wani town, District Yavatmal of the claimant was acquired for the construction of Chikhalgaon-Naigaon road (By pass) near Wani town for which Notification under Section 4 came to be issued on 15.08.1991 as per the Land Acquisition Act, 1894. As per the award dated 16.12.1994, the Land Acquisition Officer awarded compensation of Rs.25,000/- per hectare for acquired land. Being aggrieved by that judgment and award as it was inadequate compensation, a reference seeking enhancement of compensation was moved under Section 18 of the Land Acquisition Act, 1894.
4. According to land owners, the valuation of the acquired land and the actual damage caused was not properly appreciated and valued. After appreciating the evidence, the learned Reference Court enhanced the amount of compensation @ Rs.65,000/- per hectare
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 mandates that compensation for land acquired for similar purposes in the same locality must be equivalent, ensuring fairness in compensation assessments.
Compensation for land acquisition must reflect the market value established in related cases, as accepted by the acquiring body.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
