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IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD
VIBHA KANKANWADI, HITEN S. VENEGAVKAR
Popat s/o Bhanudas Pawar – Appellant
Versus
State of Maharashtra, Through its Secretary, Irrigation Development Department – Respondent
| Table of Content |
|---|
| 1. improper application of compensation standards (Para 3 , 4 , 5) |
| 2. challenge to the award under old law (Para 6) |
| 3. existence of alternate remedy available (Para 7) |
| 4. court's intervention in exercising right of eminent domain (Para 8 , 10) |
| 5. determination of fair compensation and quashing of award (Para 9 , 11) |
| 6. final ruling and directive for fresh award (Para 12) |
JUDGMENT :
Hiten S. Venegavkar, J.
1. Heard.
2. Rule. Rule made returnable forthwith.
3. Both the petitions filed under Article 226 of Constitution of India seeks quashing and setting aside of award dated 07.11.2016 passed by respondent No. 3 and further directions to respondent No. 3 to pass fresh award in respect of acquired land of the petitioners. Taking into consideration the relevant rate of determination of market value as 01.01.2014, the petitioners also prays for direction to respondent No. 3 to apply multiplier factor of 2 instead of 1.50. While calculating the compensation for the petitioners acquired land under the Right to Fare Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013.
4. The facts involved in both the petitions are that, petitioners’ land has be
The court emphasized compliance with the New Land Acquisition Act for assessing compensation, declaring that failure to apply new statutory provisions renders the award legally flawed.
Compensation for land acquired under the old Act must be determined using the provisions of the new Act if the award was not made before the new Act's commencement.
The court affirmed that the doctrine of stare decisis applies, and legal principles declared by courts generally have retrospective effect unless explicitly stated otherwise.
The Court affirmed that compensation in land acquisition cases must reflect true market value independent of the claimant's request, emphasizing the duty to assess fair compensation using proper valu....
The notification setting a multiplier of 1.00 for compensation calculation was struck down, necessitating a new notification to apply a multiplier of 2.00 for recalculating compensation.
Compensation for land acquisition must be determined under the New Act if no valid award existed under the Old Act at the time of the New Act's enactment.
The court established that compensation for acquired land must reflect its urbanized market value rather than agricultural rates, ensuring fair compensation rights under the Constitution.
The main legal point established is that in cases where land acquisition proceedings were initiated under a repealed Act and no award was made, the provisions of the new Act regarding compensation de....
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