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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR
ROHIT W. JOSHI, J.
Vinodkumar S/o Harknarayan – Appellant
Versus
State Of Maharashtra – Respondent
JUDGMENT :
1. These two appeals are filed under Section 54 of the Land Acquisition Act, 1894 by owners of land bearing Survey No.20/4 and Survey No.20/5, both admeasuring 2.79 HR, each, situated at village Bhopapur, Tq. Achalpur, Distt. Amravati. In both these matters the learned Reference Court had increased the compensation determined by the Land Acquisition Officer by an amount of Rs.95,697/-. The enhancement is granted by determining rate of the lands at Rs.17,000/- per hectare. Mr. Khamborkar, the learned counsel for the appellant has placed on record a copy of judgment and award dated 18.01.2017 passed by the learned Civil Judge, Senior Division, Achalpur, District Amravati in Land Acquisition Case No.52/1997 with respect to adjoining land bearing Survey No.20/2 which is acquired under the same notification is subject of the said reference. The learned Reference Court has determined the market value of the said land and Rs.91,636/- per hectare. Mr. Khamborkar submits that the said judgment and award has attained finality in as much as the acquiring body has not filed appeal challenging the said judgment. Mr. Kadu, the learned counsel for respondent no.3/the acquiring body on i
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 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 in compensation for land acquisition mandates that similar cases receive similar compensation rates to ensure fairness.
The court relied on post-Section 4 notification sale instance and evaluated plus and minus factors to determine compensation rates.
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