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GOUTAM BHADURI, SANJAY S. AGRAWAL
Shiv Balak Mishra S/o Late Badri Prasad Mishra – Appellant
Versus
State of Chhattisgarh through the Collector, Raipur, Chhattisgarh – Respondent
JUDGMENT ON BOARD
Goutam Bhaduri, J.
1. Both the appeals are being decided together as they arise out of Award dated 16.07.2018 passed by the Land Acquisition, Rehabilitation & Settlement Authority, Chhattisgarh, Raipur on a reference made by the Collector whereby the claim of the petitioners under Section 64 of The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as the Act, 2013) has been rejected.
2. Brief facts of the case are that on 21.03.2013, the notification u/s 4 of the Land Acquisition Act 1894 for acquisition of lands situated at village Nawagaon of total 40 Khasra numbers P.C.No.71/2016 RI Circle Mandir Hasaud, Tahsil Arang, District Raipur was made which included the lands of the appellants. As a consequence thereof, the notification was published in a local Newspaper on 23.03.2013. The appellants raised objections on 08.04.2013 before the Collector, Raipur objecting such acquisition of land. Subsequently, the appellant filed their petitions before the Collector, Raipur on 13.02.2014. Subsequently they again filed objection before the Land Acquisition Authority and SDM, Arang. The Land Acq
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 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.
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.
The court ruled that in land acquisition, established multiplication factors must be adhered to, as deviating from them unlawfully denies rightful compensation.
The court established that the New Act, 2013, governs compensation for land acquisitions under the Adhiniyam when the award is not finalized before the New Act's enforcement, ensuring compliance with....
The assessment of compensation for land acquisition must prioritize the highest market value from relevant sale deeds and apply provisions of newer compensation regulations.
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