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NIKHIL S. KARIEL
Mihirbhai Harivadan Joshi Lh Of Kapilagauri D/o Govindlal Chhaganlal – Appellant
Versus
Special Land Acquisition Officer Gandhinagar – Respondent
JUDGMENT :
1. Heard learned Advocate Mr.Siraj Gori on behalf of the appellant and learned AGP Mr.Akash Chhaya on behalf of the respondent State.
2. By way of these appeals, the appellant challenges the judgment and order dated 27.2.2015 passed in Land Acquisition Reference No.969 of 1998 corresponding to First Appeal No.1409 of 2019 and Land Acquisition Reference No.928 of 1998 corresponding to First Appeal No.1410 of 2019. Since judgment is with regard to lands situated in the same village and whereas since the considerations, which weighed with the learned Reference Court were similar, this Court deems it appropriate to decide both the First Appeals finally by way of the present common judgment.
3. Facts which are relevant for the purpose of deciding the present First Appeals are enumerated herein below:-
First Appeal No.1409 of 2019 :-
3.1. This appeal concerns the land bearing Survey Nos.63 and 65 situated at Village Borij, Taluka and District Gandhinagar. The total area of land concerning the said Survey numbers is 35309 sq. mtrs. Notification under Section 4 of the Land Acquis
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 market value of acquired land must be assessed based on its existing use and geographical situation at the time of the notification, with proper evidence required to substantiate claims for compe....
The main legal point established in the judgment is the determination of market value and the factors to be considered in assessing compensation for acquired land under the Land Acquisition Act, 1894....
The potentiality of acquired land and comparable sale instances are crucial for determining fair compensation under the Land Acquisition Act.
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....
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