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IN THE HIGH COURT AT CALCUTTA
RAVI KRISHAN KAPUR, PRASENJIT BISWAS
Collector Land Acquisition, Port Blair – Appellant
Versus
Andaman Timber Industries Limited – Respondent
JUDGMENT :
RAVI KRISHAN KAPUR, J.
1. The appellant challenges an order dated 19 December 2022 passed by the Additional District Judge Andaman & Nicobar Islands, Port Blair determining compensation under section 18 of the Land Acquisition Act 1894.
2. Briefly, the respondent, Andaman Timber Industries Ltd had sought for compensation in respect of 3.64 hectares of land, situated at Survey No. 22/3 & 23 at Shore Point Village, Ferrargunj, Tehsil Andaman and Nicobar Islands.
3. Originally, one Shri Sheoram had been granted an area of 56 acres, 1 kanal and 3 marlas situated at Shore Point under section 4(1) of the Andaman and Nicobar Islands (Land Tenure) Regulations, 1926, for a period of 30 years commencing from 1 January 1934 inter-alia for carrying on business of coconut plantations. The grant was subsequently transferred to Subhas Dweep Co-operative. Multipurpose Society and thereafter to Krishi Gopalan Silpa Sikshalaya. Ultimately, Krishi Gopalan Silpa Sikshalaya executed a lease deed in favour of the respondent.
4. In 1966, the Andaman and Nicobar Islands (Land Tenure) Regulations, 1926 was repealed by introducing the Andaman and Nicobar Land Revenue and Land Reforms Regulations 1966,
Compensation for acquired land must reflect its market value and potential use, not just current use, as established under the Land Acquisition Act.
The court determined that compensation for acquired land must be based on realistic market value assessments, rejecting excessive valuations unsupported by evidence.
Compensation for acquired land must reflect its market value, determined by comparable sales and potentiality, as per the Land Acquisition Act.
The main legal point established in the judgment is the assessment of compensation based on the market value of the land at the time of notification under Section 4(1) and the determination of land v....
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