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A. J. DESAI, NISHA M. THAKORE
General Manager Oil and Natural Gas Corporation Ltd. – Appellant
Versus
Patel Pravinbhai Ambalal – Respondent
JUDGMENT :
A.J. Desai, J.
1. By way of present appeals under Section 54 of the Land Acquisition Act (hereinafter to be referred as “the Act”) read with Section 96 of the Code of Civil Procedure, 1908 the original opponent No.2/Acquiring Body- Oil And Natural Gas Corporation Ltd. (hereinafter to be referred as “O.N.G.C.”), the acquiring body has challenged the judgment and award dated 30.11.2019 passed by learned 4th Additional Senior Civil Judge, Mehsana in Land Acquisition Reference Case Nos.1 to 2 of 2016, by which, the Reference Court has enhanced the amount of compensation awarded by the learned Collector from Rs.62/- per sq. mtr. to Rs.700/- per sq. mtr. (additional amount of Rs.638/- per sq. mtr.).
2. The appeal came to be admitted by the Co-ordinate Bench of this Court on 15.03.2021. As per the order passed in civil application of the same date, the amount has been deposited before the Reference Court and subsequently as per the order dated 20.07.2021, passed by the Co-ordinate Bench of this Court, 50% of the amount awarded has been disbursed among the respondent/original land owners. Record and proceedings have also been called for and have reached to this Court.
3. The short f
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 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 the market value of acquired lands based on comparable instances and the application of suitable adjustments with regard to po....
The court affirmed that compensation for land acquisition should be determined using comparative market value and yield method, especially when similar lands are involved.
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....
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