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SANJAY A. DESHMUKH
Ragusa Bhagusa Sawle (Dead) through Legal Representative :- Himmat Ragusa Sawle – Appellant
Versus
State of Maharashtra, Through Collector, Yavatmal, Tq. & Dist. Yavatmal – Respondent
JUDGMENT :
(Sanjay A. Deshmukh, J.)
1. 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, Darwha, District Yavatmal dated 26.10.2016 in Land Acquisition Case No.1874/2004 (old L.A.C. No.103/2003).
3. The challenge under this appeal is only about constructed area 30.66 sq. mtr., situated at village Kumbharkinhi, Taluka Darwha, District Yavatmal was acquired for public purpose under Kumbharkini Project. Under the same project, other lands as well as constructed houses were acquired under the same notification and same purposes.
4. Learned Advocate for the appellant is relying upon the judgment passed by this Court in First Appeal No.364/2016 (Ganesh Pundlik Deeve Vs. Executive Engineer, Kumbharkinhi Dam Division Pusad, Tq. Pusad Distt. Yavatmal and others) dated 22.02.2021, wherein this Court after considering evidence and parity, enhanced the compensation regarding constructed structure of the same village at the rate of Rs.3200/- per sq. mtr. The learned Advocate for the appellant submitted that house of appellant is similarly situated with the house in First Appea
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.
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.
The main legal point established in the judgment is the need to consider expert valuation reports and the quality of construction in determining just and reasonable compensation for acquired properti....
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.
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