IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH
Pravin S.Patil
Laxman S/o Newaji Sawarkar – Appellant
Versus
State of Maharashtra, Through Collector – Respondent
Pravin S. Patil, J.
1. In the present appeal, the claimants challenged the judgment and order dated 11.3.2015 passed by Joint Civil Judge, Senior Division, Amravati, in Land Acquisition Case No.278/2007, on the ground that the learned Reference Court has committed manifest error by not considering the correct valuation of the orange trees in the matter.
2. In the present case, it is undisputed fact that the appellants own and possesses an agricultural land bearing Survey Nos.128/2-A of mouza Loni, Tq. Warud, District Amravati, total admeasuring 0.66 R and field field survey No.128/2B of mouza Loni of admeasuring 0.53 R of an agricultural land.
3. In the present case, it is specifically stated by the Appellant that the State Government has issued the first notification on 31.7.2003 under Section 4 of the LAND ACQUISITION ACT , by publishing it on village Panchayat Notice Board. However, after issuing this notification, at the State level there were certain modifications and hence fresh notification again under Section 4 of the LAND ACQUISITION ACT was issued on 24.06.2004. The respondent-State does not dispute this factual position.
4. It is the case of the appellants that

Just compensation for land acquisition requires adherence to fair market valuation standards, considering factors like property age and productivity.
The main legal point established in the judgment is the entitlement of the claimant to an amount of Rs. 6,311/- per Orange tree, based on the adjudication of various proceedings arising from the same....
The court established that compensation for acquired land and trees must be based on fair market value and supported by credible evidence, with a clear obligation to adhere to established legal prece....
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....
The court affirmed that reasonable guesswork is permissible in compensation assessments under the Land Acquisition Act, provided it balances equities and is supported by credible evidence.
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 market value of acquired land can be determined using comparable sale instances, even if they are for smaller plots, when larger sales are unavailable.
Compensation for land acquisition must reflect the market value of irrigated land as double that of Jirayat land; expert evidence on valuation should not be dismissed without adequate justification.
Compensation for land acquisition must be based on current market value, informed by recent sale transactions and relevant valuation reports.
In a case where land value has been determined with reference to sales statistics, trees will have to be valued separately.
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