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GOUTAM BHADURI, RADHAKISHAN AGRAWAL
Manglu, Son Of Shri Dasru – Appellant
Versus
State Of Chhattisgarh Through The Secretary, Department Of Revenue And Disaster Management – Respondent
JUDGMENT :
Goutam Bhaduri, J.
Heard
1. By way of instant petition, a notification dated 4th December, 2014 made in exercise of powers conferred under sub-section (2) of Section 30 read with entries in column (3) against serial number (2) of First Schedule of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as ‘the Act of 2013’ whereby for calculating the market value, the multiplier 1.00 (One) was provided, was subject of challenge. The said notification is reproduced hereunder:-
Provided that in any case compensation payable including (solatium and interest) shall not be less than Rs.6 Lacs per acre in case of b
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 affirmed that the doctrine of stare decisis applies, and legal principles declared by courts generally have retrospective effect unless explicitly stated otherwise.
The court ruled that in land acquisition, established multiplication factors must be adhered to, as deviating from them unlawfully denies rightful compensation.
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....
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