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BIREN VAISHNAV, NISHA M. THAKORE
State Of Gujarat – Appellant
Versus
Naranbhai Ratanshibhai Rathod – Respondent
JUDGMENT :
(PER : HONOURABLE MS. JUSTICE NISHA M. THAKORE)
1. In all these group of appeals filed at the instance of the State, under section 54 of the Land Acquisition Act, 1894, read with section 96 of the Code of Civil Procedure, 1908, the challenge is made to the judgment and award dated 20th September, 2018 passed by the learned 3rd Additional Senior Civil Judge, Jamnagar in Land Reference Case nos.367 of 2007 to 390 of 2007 (Main Land Reference Case no.367 of 2007). Since all the aforesaid reference cases were disposed of by the said common judgment and award, all these appeals were heard together and are disposed of by this common order.
2. In nutshell, the facts leading to the filing of the present appeals at the instance of the State are summarized hereunder :-
2.1 The proposal for acquiring various parcels of land situated at village Jiragadh, Taluka Jodiya, District Jamnagar was declared by issuing Notification under Section 4 of the Land Acquisition Act, 1894 for the public purpose i.e. for the construction of Aji-4 Irrigation projects. The said notification was published in the Government Gazette on 26th April, 2001 followed by the Notification under Section 6 of the Act,
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 court determined that compensation for acquired land must reflect fair market value, aligning with previous awards for similar properties.
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....
Compensation for acquired land must reflect its market value, determined by comparable sales and potentiality, as per the Land Acquisition Act.
The court affirmed the use of the Yield Method in determining land compensation, emphasizing that adequate evidence of market value and agricultural yield must support claims for enhanced compensatio....
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 market value of acquired land should be assessed based on the comparable sale exemplars of the contemporaneous period with respect to the parcels of land, either forming part of the acquired land....
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