Back
IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR
ROHIT W. JOSHI, J
Executive Engineer, Arunavati Irrigation Division, Arunavati Irrigation Division, Tq. Digras, Dist. Yavatma – Appellant
Versus
Nagorao S/o Ramaji Rathod – Respondent
| Table of Content |
|---|
| 1. land acquisition details (Para 2 , 3) |
| 2. cross-objector's claim for enhancement (Para 4 , 5 , 6) |
| 3. consideration of previous judgments (Para 7) |
| 4. determination of market value (Para 8 , 9 , 10 , 11 , 12) |
| 5. rejection of appellant's contention (Para 13 , 14) |
| 6. entitlement to compensation (Para 15) |
| 7. order of the court (Para 16) |
JUDGMENT :
[ROHIT W. JOSHI, J.]
1. Heard finally with the consent of learned counsel appearing for the parties.
2. The land of the cross-objector bearing Survey No.37/1B admeasuring 0.50 HR situated in Village Mokh, Tah. Digras, Dist. Yavatmal came to be acquired for the purpose of drainage for the extended Gauthan for Rehabilitation. Notification under Section 4 of the Land Acquisition Act, 1894 was issued on 16/05/1996. The Land Acquisition Officer has passed the award on 05/11/1997 awarding compensation @ Rs.15,250/- per hectare.
3. Aggrieved by the amount of compensation awarded by the Land Acquisition Officer, the cross-objector made application seeking reference under Section 18 of the Land Acquisition Act pursuant to which the LAC No.1265/2004 came to be registered in which the learned Reference Court was pleased to award compensation at th
The court determined that the appropriate market value for acquired land should be Rs.10,00,000/- per hectare, emphasizing the duty of the court to ensure just compensation irrespective of the landow....
While determining market value/compensation, previous instances of acquisition in proximity for location and potential of land acquisition along with cumulative increase is relevant consideration.
The court established that compensation for acquired land must reflect market value, considering relevant sale transactions, time gaps, and necessary deductions, reaffirming the principle that claima....
Compensation for acquired land must reflect its market value, determined by comparable sales and potentiality, as per the Land Acquisition Act.
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
