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ASHOK KUMAR PANDEY
Hetu Kishun – Appellant
Versus
State of Bihar – Respondent
Ashok Kumar Pandey, J.—Heard learned counsel for the appellants and learned counsel for the respondents.
2. All these three appeals have been preferred against the judgment and decree dated 14.10.1993 (hereinafter referred to as the impugned judgment) passed in Land Acquisition Case Nos. 08 of 1990, 07 of 1990 and 10 of 1990 passed by Sub-Judge 3rd, Patna (hereinafter referred to as the ‘learned trial court’) wherein and whereunder the learned trial court has awarded insufficient compensation with respect to the lands and houses which were acquired in above cases.
3. The Land Acquisition Officer, Patna has made a reference under Section 18 of the Land Acquisition Act regarding adjudication for the adequacy of the compensation for the lands and houses acquired. There having common question of law and facts of 14 cased including these cases were taken together by the learned trial court.
4. The facts leading to these cases are that about 01 Acre 15 Dismil of land along with houses standing over the same belonging to these awardees within the village- Mosimpur Kurtha P.S.- Fatwah, District- Patna acquired by the State of Bihar for the purpose of construction of approach road to Punpun br
The market value of the land for the purpose of determining the compensation should be assessed by considering the smallness of the plot, the highest exemplar, and the purpose of acquisition, and by ....
Compensation for acquired land must reflect its market value and potential use, not just current use, as established under the Land Acquisition Act.
Market value for land acquisition must be assessed based on comparable sales proximate to the acquisition date, reflecting fair compensation principles.
The assessment of compensation for land acquisition must prioritize the highest market value from relevant sale deeds and apply provisions of newer compensation regulations.
The burden of proving market value in land acquisition cases lies with the State, which must provide adequate evidence; the highest exemplars should be prioritized in determining compensation.
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