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BIREN VAISHNAV, MAUNA M. BHATT
Special Land Acquisition Officer Unit 1 – Appellant
Versus
Parth Kaushikbhai Pandya Is Poa Of Jigar Anantbhai Desai – Respondent
JUDGMENT :
BIREN VAISHNAV, J.
ORDER IN FIRST APPEALS WITH CIVIL APPLICATIONS FOR ADDITIONAL EVIDENCE AND CIVIL APPLICATIONS FOR STAY WITH CROSS-OBJECTIONS
1. The First Appeals are filed by the appellant – State challenging the judgment and order dated 05.03.2022 passed under Section 18 of the Land Acquisition Act, 1894 by the learned Reference Court, Baroda (20th Senior Civil Judge at Vadodara), whereby, the rate of compensation under the respective land reference cases was increased from Rs.1914/- per sq. mtr. to Rs.26,048/- per sq. mtr..
1.1 Cross-objections have been filed by the original claimants claiming that when their claim was for enhancement to the extent of Rs.65,000/- per sq. mtr., the order of the Reference Court in partly allowing the reference by enhancing the amount only to the extent of Rs.26,048/- was bad. The Cross-Objections have been filed for claiming an additional remaining amount of Rs.38,952/-.
2. The dispute in the present matters is pertaining to land bearing survey no.1/A/2 shown in City Survey part-B bearing Tika Nos.27/15, 27/16 and 27/17 situated near
The court established that compensation for land acquisition must be based on market value evidenced by comparable sales, and interest must be calculated per statutory provisions.
The market value of acquired land should be determined based on the nature of the land, and deductions for development costs should consider the purpose of acquisition. Left-out benefit components ma....
The acquiring authority to award additional interest by way of damages @ 15% per annum from the date when respondents-claimants were dispossessed till the date of notification under Section 4 of Act.
The court upheld the Reference Court's enhanced compensation for acquired land, emphasizing the need for evidence-based valuation while modifying the interest rate to 9% per annum from the date of aw....
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