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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
RAJANI DUBEY, AMITENDRA KISHORE PRASAD
Prakash Chandra Sharma S/o Shri Nathmal Ji Sharma – Appellant
Versus
State of Chhattisgarh – Respondent
Judgment :
Per Rajani Dubey, J.
Since all these appeals have been preferred against the judgments dated 30.9.2019 and 28.9.2019 passed by Fourth Additional District Judge, Raipur (hereinafter referred to as “Reference Court”) in Land Acquisition Case Nos. 25/2013, 26/2013, 47/2013 and 36/2013, whereby the reference has been dismissed and the order dated 11.6.2012 of the Land Acquisition Officer, Raipur passed in Land Acquisition Case No.27/A-82 Year 2010-11 under Section 11 of the Land Acquisition Act has been affirmed, they are being disposed of by this common judgment.
FA No. 15 of 2020
02. Facts of the case, in brief, necessary for adjudication of this appeal are that the land of the appellants/applicants situated at Village- Baroud, PHN 72/15, RNM Mandir Hasoud, Tahsil-Arang, Distt. Raipur bearing Khasra Nos. 98, 147, 150, 152, 364, 365, 366, 1208, 1228, 1260, 1265, 1288 & 1287, area 0.03, 0.36, 0.71, 0.65, 0.07, 0.1, 4.44, 0.8, 0.24, 3.05, 0.28, 0.36 & 5.58 hectare respectively was acquired by the respondent authorities for development of Airport in Naya Raipur and as per award dated 11.6.2012 compensation @ Rs.17 lacs per hectare was awarded to them. Aggrieved by the said award,
Market value for land acquisition must be assessed based on comparable sales proximate to the acquisition date, reflecting fair compensation principles.
The market value of acquired land should be assessed based on the comparable sale exemplars of the contemporaneous period with respect to the parcels of land, either forming part of the acquired land....
Market value in land acquisition fixed using highest bona fide comparable sale exemplar, with time escalation (10%) and size deductions (20%), considering land potentiality near development areas.
The potentiality of acquired land and comparable sale instances are crucial for determining fair compensation under the Land Acquisition Act.
The burden of proving market value in land acquisition cases lies with the State, which must provide adequate evidence; the highest exemplars should be prioritized in determining compensation.
(1) Acquisition of land – Quantum of compensation – Process of assessing or affixing compensation is not tethered to precision but is rather aimed at a nuanced estimation of pertinent factors.(2) Acq....
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