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A. S. SUPEHIA, DIVYESH A. JOSHI
Special Land Acquisition Officer – Appellant
Versus
Patel Somabhai Chhagandas – Respondent
JUDGMENT :
DIVYESH A. JOSHI, J.
1. The first appeal and cross objection emanate from the judgment and award dated 24.10.2019 passed by the learned 5th Additional Senior Civil Judge, Mehsana in LAR Case Nos.871 of 2011 to 875 of 2011, 877 of 2011 to 882 of 2011 and 884 of 2011 to 888 of 2011.
2. Being aggrieved and dissatisfied with the judgment and award passed by the 5th Additional Senior Civil Judge, Mehsana, the present first appeal has been filed by the Acquiring Body, whereas the Cross Objection has been filed by the original claimants.
3. The factual matrix of the case of the original claimants are as under;
3.1 The appellant-State Acquiring Body acquired the lands of Village Gilosan, Taluka Mehsana, District Mehsana for the purpose of constructing Mehsana bypass road, and for that purpose, notification under Section 4 of the Land Acquisition Act, 1894 (for short “the Act”) was issued on 7.3.2008. Thereafter, on 23.10.2008, notification under Section 6 of the Act was published.
3.2 On 6.3.2010. the Special Land Acquisition Officer awarded Rs.20/- per sq. mtr. as compensation of the acquired lands. As the amount determined by the Special Land Acquisition Officer is not upto the mark
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 main legal point established in the judgment is the determination of compensation for acquired lands based on evidence, settled legal principles, and comparison of valuation in different villages....
The determination of compensation in land acquisition cases should be based on a careful consideration of documentary evidence and oral testimony.
The valuation of acquired land for compensation under the Land Acquisition Act should consider the status and potential of the land, and the payment of interest should be in accordance with the relev....
The court's decision emphasized the importance of accurately comparing land values, deducting market price, and calculating interest in accordance with the provisions of the Land Acquisition Act.
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