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GOUTAM BHADURI, RADHAKISHAN AGRAWAL
Ramadhar S/o Punau – Appellant
Versus
State of Chhattisgarh – Respondent
JUDGMENT :
GOUTAM BHADURI, J.
1. Challenge in these petitions is to the notification dated 02nd of May, 2019 (Annexure P/1) whereby the State in exercise of power conferred under Section 30(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as ‘the Act 2013’) has fixed the multiplier factor, wherein it has been stated that in case of compensation given to whose land which is acquired under the Act, 2013 in respect of Rural areas, the factor by which the market value to multiply shall be 2.00. The main ground in these petitions is that this notification has been made prospectively which leaves the gap of the acquisition, inasmuch as, the earlier notification which unilaterally fixed the factor to be 1.00, was set aside by the order of this Court dated 30/10/2018 in a bunch of petitions.
2. The submission is made that though the lands of the petitioners were acquired in between prior to the notification dated 02/05/2019 the subsequent notification which is under challenge has been made applicable prospectively. Consequently, the petitioners are deprived of their valuable right which the Act, 2013
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 mandates adherence to the prescribed multiplying factor for land compensation as stipulated in legislation.
The Notification restricting the multiplier factor for land compensation to one in rural areas is ultra vires the Right to Fair Compensation and Transparency in Land Acquisition Act, mandating a mini....
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.
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