Back
A. S. SUPEHIA, DIVYESH A. JOSHI
Special Land Acquisition Officer – Appellant
Versus
Patel Vishnubhai Gangaram Das – Respondent
ORDER :
(A.S. Supehia, J.)
1. The first appeals and cross objections emanate from the judgment and award dated 12.05.2017 passed by the learned 4th Additional Senior Civil Judge, Mehsana in LAR Case Nos.1035 to 1053 of 2011.
2. The appellant-State acquiring body acquired the lands of Village Palavasna, Taluka Mehsana, District Mehsana for the purpose of constructing Mehsana bypass road. For the purpose of acquiring such lands, notification under Section 4 of the Land Acquisition Act, 1894 (for short “the Act”) was issued on 24.04.2008. Section 6 notification under the Act was published on 18.04.2009. The Special Land Acquisition Officer awarded Rs.57/- per sq. mtr. as compensation of the acquired lands. Being aggrieved and dissatisfied, the claimants challenged the same in reference proceedings, which has culminated into the impugned judgment and award, wherein and whereby the reference court has awarded an additional compensation at the rate of Rs.816/- per sq.mtr. along with statutory interest and solatium. The claimants demanded Rs.5,000/- per sq.mtr. Being aggrieved, they have filed the cross objections for enhancement of compensation.
3. Learned AGP Mr.Jadeja appearing for the
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 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 determination of compensation in land acquisition cases should be based on a careful consideration of documentary evidence and oral testimony.
The court may consider the judgment pertaining to lands of the adjoining village and acquired for the same project for fixing the just and reasonable market value of the acquired lands.
The court upheld the Reference Court's valuation of agricultural land compensation, emphasizing reliance on expert opinions and valid market evidence in determining fair compensation under the Land A....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
