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DEVAN M. DESAI
Special Land Acquisition Officer and Dy. Collector, Anand – Appellant
Versus
Patel Kaushikbhai Khushalbhai – Respondent
| Table of Content |
|---|
| 1. procedural details of appeals (Para 1 , 2) |
| 2. compensation awarded and contested (Para 3) |
| 3. arguments by the appellants and respondents (Para 5 , 6) |
| 4. court's reasoning regarding equal treatment (Para 7) |
| 5. conclusion and directive for compensation payment (Para 8 , 9 , 10) |
ORDER :
1. The present group of First Appeals are filed by the appellant – State of Gujarat through Special Land Acquisition Officer & Deputy Collector, Land Acquisition Department, Collector Office, Anand, under Section 54 of the LAND ACQUISITION ACT , 1894 (hereinafter referred to as “the Act”) read with Section 96 of the CIVIL PROCEDURE CODE , 1908 (hereinafter referred to as “the Code, 1908”) challenging the Judgment and Award dated 20.02.2020 passed by the learned Principal Senior Civil Judge, Anand (hereinafter referred to as “the Judge”) in Land Acquisition Reference Case Nos.81/2014, 82/2014 and 85/2014, whereby, the learned Judge partly allowed the Reference filed by the respondent herein.
2. Since all these First Appeals arise from the common Judgment and Award dated 20.02.2020, they are heard analogously and are being decided by this common Judgment. For the sake of brevity, the First
The central legal point established in the judgment is that the Acquiring Authority cannot selectively challenge awards for the same subject parcels of land, based on the principle of non-discriminat....
Procedural norms, technicalities and processal law evolve after years of empirical experience, and to ignore them or give them short shrift inevitably defeats justice. Where a common judgment has bee....
The central legal point established in the judgment is the mandatory entitlement to interest on solatium as part of just and fair compensation under Section 28 of the Land Acquisition Act, 1894.
The court ruled that inconsistent treatment of claimants by the State in land acquisition cases constitutes discrimination, affirming the reference court's award of additional compensation.
The main legal point established in the judgment is the determination of fair compensation for acquired lands based on the prevailing market rate and the evidence presented to establish the market va....
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