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SONIA GOKANI, HEMANT M. PRACHCHHAK
Addl. Spl. Land Acq. Officer – Appellant
Versus
Ashwamegh (Sola) Co. Op. Ha. So. Limited – Respondent
| Table of Content |
|---|
| 1. introduction of appeal and factual background. (Para 1 , 2 , 3) |
| 2. arguments of the appellants regarding valuation. (Para 5 , 8 , 9) |
| 3. court's analysis on additional compensation. (Para 11 , 12 , 15) |
| 4. final judgment reaffirming the reference court's decision. (Para 20 , 21) |
| 5. conclusion of judgment and order for disbursement. (Para 22 , 24 , 25) |
JUDGMENT :
1. Feeling aggrieved and dissatisfied by the impugned judgment and award dated 06.03.2017 passed by the learned Principal Senior Civil Judge, Ahmedabad (Rural) at Mirzapur, Ahmedabad (hereinafter be referred to as “the Reference Court”) in Land Reference Case No.8 of 2012, the appellants – State Authorities have preferred the aforesaid first appeals under Section 54 of the LAND ACQUISITION ACT , 1894 (hereinafter for the sake of brevity and convenience be referred as “the Act”) and Section 96 of the CIVIL PROCEDURE CODE , 1908 (hereinafter for the sake of brevity and convenience be referred as “the Code”).
2. The claimants have also filed First Appeal Nos.3297 of 2017 and 3298 of 2017 and Cross-Objections chal
The main legal point established in the judgment is the relevance of sale instances/exemplars from the acquired land for determining the market value and the appropriateness of deductions towards dev....
Acquisition of land – Generally, sale instances with respect to small plots/parcels of land are not comparable to a large extent of land for the purpose of determining compensation.
The main legal point established in the judgment is the application of principles for determining the market value of acquired land, including the relevance of purpose of acquisition, deductions for ....
(1) Acquisition of land – When large extent of lands are acquired and if sale exemplar, also for large extent is available on record it would be safer to rely on same if they are comparable transacti....
[The determination of compensation for land acquisition must be based on the market value at the time of notification, considering comparable sales and the land's potential, with reasonable deduction....
Acquisition of land - Quantum of compensation - Court is guided by relevant and admissible evidence and practical or pragmatic ways of commercial transactions, suitable adjustment towards deduction f....
The court reaffirmed that compensation for acquired land must reflect fair market value, taking into account adequate comparable sales while establishing that evidence must support any deductions for....
The market value of the acquired land can be determined by considering evidence such as sale deeds and witness testimonies, and making reasonable deductions for developmental costs.
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