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A. S. SUPEHIA
Group General Manager – Appellant
Versus
Special Land Acquisition Officer – Respondent
JUDGMENT :
ORDER ON FIRST APPEALS NO.1474 AND 1475 OF 2013
1. The present appeals emanate from the judgment and award dated 27.04.2012 passed in Land Acquisition Reference Case Nos.525/2009 and 526/2009 (Old L.A.R. Case Nos.1366/2001 and 1367/2001), wherein and whereby, the Reference Court has ordered an additional compensation of Rs.264=60 for land acquired by the appellant – ONGC at village Pansar, Taluka : Kalol, District : Gandhinagar, for which, Notification under Section 4 of the Land Acquisition Act, 1894 (for shot, “the Act”) was published in the Government Gazette on 28.08.2000 and the Notification under Section 6 of the Act, was published on 15.03.2001.
2. At the outset, learned advocate Mr.Khare, appearing for the appellant – ONGC has submitted that the award of compensation for acquiring the aforesaid land of Village Pansar, was the subject matter of consideration before the Apex Court and by the order dated 19.01.2022 passed in Civil Appeal Nos.385-386 of 2022 and allied appeals, the Apex Court has ultimately ordered to restore the compensation awarded by the Reference Court in the respective awards. However, it is submitted that in the present case, the claimants would
Compensation in land acquisition must be based on comparative market values and previous adjudications, ensuring fairness and consistency in awards.
The finality of compensation awards under different Section 4 notifications and the rejection of appeals based on subsequent developments and delay in filing the appeal.
The main legal point established in the judgment is that compensation under the Land Acquisition Act cannot be determined based on subsequent notifications for different villages, and the court must ....
The Court's decision emphasized the importance of ensuring that any interference with compensation awards is supported by the material on record and is sustainable in law.
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