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HIGH COURT OF CHHATTISGARH AT BILASPUR
Shri Parth Prateem Sahu, J
Harishankar Patel S/o Late Krishna Lal Patel – Appellant
Versus
Sub Divisional Officer, Mand Shirsha Karya, Upsambhag Kharsia, District Raigarh, Chhattisgarh – Respondent
Order :
(Parth Prateem Sahu, J.)
Heard.
1. This appeal is filed by the appellants challenging the legality and sustainability of the Award dated 27.07.2009 passed in Miscellaneous Civil Suit No.5/2008 by learned Additional District Judge, Sakti, District -Janjgir Champa whereby learned Reference Court has partly allowed the Application for Reference filed under Section 18 (2) of the Land Acquisition Act, 1894 (hereafter referred to as “the Act of 1894”).
2. Facts relevant for disposal of this appeal are that the appellants are owner of the land bearing kh. No.84 area 1 acre, kh. no.85 area 0.05 acres, kh. No.73 area 0.25 acres, kh. no.42 area 0.03 acre, kh. No.256 area 0.10 acre and kh. No.292 area 0.01 acres, situated at Village Sakhrali, Tahsil Dabhra, District Janjgir- Champa. Aforementioned land was acquired by respondent-State for purpose of construction of irrigation canal. As per pleadings made in the application under Section 18 (2) of the Act of 1894, possession of the land owned by the appellants were taken by the respondent prior to initiating the acquisition proceedings and pursuant to taking of possession, work of construction of canal was also started. Notification under
The court established that compensation for land acquisition must be based on market value evidenced by comparable sales, and interest must be calculated per statutory provisions.
Point of Law : Section 28 empowers the courts, if it was enhancing the compensation awarded by the Collector, to award interest on the sum in excess of what the Collector had awarded as compensation.
The court upheld the Reference Court's enhanced compensation for acquired land, emphasizing the need for evidence-based valuation while modifying the interest rate to 9% per annum from the date of aw....
The acquiring authority to award additional interest by way of damages @ 15% per annum from the date when respondents-claimants were dispossessed till the date of notification under Section 4 of Act.
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 court ruled that proper market value determination for acquired land must prioritize the highest bona fide transaction and that interest is owed from the date possession is taken, not from the da....
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