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BOMBAY HIGH COURT
SHRI LAXMIKANT S/O YASHWANT NILAWAR AND ANOTHER – Appellant
Versus
THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR YAVATMAL AND OTHERS – Respondent
JUDGMENT :
(SANJAY A. DESHMUKH, J.)
1. This appeal is preferred against the judgment and award passed by Civil Judge, Senior Division, Darwha, dated 29.04.2009 in Land Acquisition Case No.2058/2004.
2. The land bearing Survey No.9/2/A, admeasuring 0.25 R., situated at village Arni, District Yavatmal of the claimant was acquired for the construction of bye pass road. Notification under Section 4 came to be issued on 02.07.1998 as per the Land Acquisition Act, 1894. Award was passed on 15.08.2000. The Land Acquisition Officer awarded meager compensation to the claimant for acquired land. Being aggrieved by that as it was inadequate compensation, a reference seeking enhancement of compensation was moved under Section 18 of the Land Acquisition Act, 1894. According to land owner, the valuation of the acquired land and the actual damage caused was not properly appreciated and valued.
3. The learned Reference Court after appreciating the evidence, enhanced the amount of compensation @ Rs.200/- per Sq. Ft. to the claimant. Being dissatisfied, the claimants/appellants filed this appeal for enhancement of amount of compensation.
4. Heard learned Advocates for both sides.
5. Learned Advocate for t
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.
Compensation for land acquisition must reflect the market value established in related cases, as accepted by the acquiring body.
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