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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH
HONBLE JUSTICE R. W. JOSHI
Sharad S/o Manikrao Burghate – Appellant
Versus
Executive Engineer [V.I.D.C.] – Respondent
JUDGMENT :
1. The present Cross Objection is filed by the land owner seeking enhancement in the amount of compensation granted by the learned Reference Court vide judgment and award dated 03.04.2013 passed in Land Acquisition Case No.281/2006.
2. The land owner is referred in the judgment as “cross objector” and acquiring body/VIDC is referred as “appellant” since the appeal under Section 54 was preferred by it in which the land owner has filed cross objection.
3. Initially, the acquiring body/Vidarbha Irrigation Development Corporation (V.I.D.C.) filed appeal challenging the judgment and award dated 03.04.2013 passed by the learned 2nd Joint Civil Judge, Senior Division, Wardha in Land Acquisition Case No.281/2006 whereby the land acquisition reference initiated at the behest of the respondent no.1 land owner was partly allowed thereby enhancing the amount of compensation awarded by the land acquisition officer in lieu of acquisition of land of the respondent no.1. The original applicant/land owner has filed Cross-Objection No.27/2016 seeking further enhancement of compensation determined by the learned Reference Court. The appeal and cross objection were decided vide judgment and or
Compensation for land and trees cannot be awarded separately when determined by income capitalization method; it constitutes a composite valuation.
![Sharad S/o Manikrao Burghate vs Executive Engineer [V.I.D.C.] - 2025 Supreme(BOM) 912](https://supremetoday-s3.b-cdn.net/Bombay_2.png)
Compensation for land and trees in land acquisition cases must be determined by income capitalization method, which includes both, and separate compensation is not permissible.
Compensation for land and trees cannot be awarded separately when determined by income capitalization method, as it includes both values.
Compensation for land and trees under the Land Acquisition Act must be based on reliable evidence, and when determined by income capitalization method, it includes both land and trees, prohibiting se....
The main legal point established in the judgment is the determination of just, fair, and reasonable compensation for acquired land and fruit-bearing trees under the Land Acquisition Act, 1894.
The main legal point established in the judgment is the application of the income capitalization method and specific valuation methods for determining compensation under the Land Acquisition Act, 189....
In a case where land value has been determined with reference to sales statistics, trees will have to be valued separately.
The main legal point established in the judgment is the determination of compensation under the Land Acquisition Act, 1894, based on the correct market value of the acquired land and the valuation of....
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