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A. S. SUPEHIA, D. A. JOSHI
Land Acquisition Officer – Appellant
Versus
Patel Gangaram Ranchhoddas – Respondent
JUDGMENT :
(A.S. Supehia, J.)
1. As the issues involved in all the captioned appeals are the same and the challenge in all the appeals is also to a selfsame judgment and award passed by the 3rd Additional Senior Civil Judge, Mehsana, those were heard analogously and are being disposed of by this common judgment and order.
2. These First Appeals emanate from judgment and award passed by learned 3rd Additional Civil Judge, Mehsana, in Land Reference Case No.1499 of 2011, 1550 of 2011 and allied matters. The land of Village-Nugar, Taluka & District-Mehsana, which were subject matter of reference, were acquired for the public purpose of Mehsana By-pass Highway for which Notification under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as “the Act” for the sake of brevity) was published in official gazette on 31.7.2008 and Notification under Section 6 of the Act was published on 2nd May 2009. After hearing the respective parties and examining the facts as well as oral evidence, Reference Court enhanced compensation from Rs.30 per sq.mtr. as awarded by the Special Land Acquisition Officer for road touch land to Rs.2044.64 per sq.mtr. and Rs.25 per sq.mtr. for remaini
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 determination of compensation in land acquisition cases should be based on a careful consideration of documentary evidence and oral testimony.
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 ....
Compensation in land acquisition must be based on comparative market values and previous adjudications, ensuring fairness and consistency in awards.
The court ruled that compensation for land acquisition must be consistent across similar jurisdictions, applying a 30% reduction for non-municipal areas.
Compensation for land acquisition must be based on current market value, informed by recent sale transactions and relevant valuation reports.
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