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BIREN VAISHNAV, NISHA M. THAKORE
Dy. Chief Engineer (Construction) – Appellant
Versus
Bilwad Maganbhai Kadiyabhai – Respondent
JUDGMENT :
Nisha M. Thakore, J.
1. The appellant is aggrieved and dissatisfied with the judgment and award dated 17.05.2017 passed by the learned Principal Senior Civil Judge, Dahod in Land Reference Case Nos. 5 of 2011 to 22 of 2011 (main Land Reference Case No.5 of 2011) passed under Section 18 of the Land Acquisition Act, 1894 (hereinafter referred to as the “Act”). By the said judgment and award, the learned Judge has partly allowed the petitions of the original claimants by granting additional compensation at the rate of Rs.383/- per sq mtrs for the land acquired, with interest at the rate of 9% p.a. from the date of taking possession or passing of an award, whichever is earlier, till one year and thereafter at the rate of 15% p.a. till realization. The learned Judge has also held claimants entitled to additional compensation at the rate of 12% p.a. under Section 23(1-A) and 30% solatium under Section 23(2) of the Act, with interest at the rate of 9% p.a. from the date of taking over possession or award, whichever is earlier, till one year and thereafter at the rate of 15% p.a. till realization of the amount payable under Section 28 of the Act.
2. The facts necessary for adjudica
The court established that in land acquisition cases, the method of calculating compensation must consider the time gap between transactions and the specific circumstances of the land's location and ....
Acquisition of land – Fair and just compensation – Annual increase to determine just compensation varies from case to case and period to be applied is a major factor to be considered.
The court modified the compensation for acquired land, emphasizing the need for careful comparison of prior judgments and appropriate application of annual increase rates.
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Acquisition of land – Valuation based on Sale Deed is normally the safest method for computation of compensation.
The court affirmed that cumulative increases in compensation should be calculated based on market value assessments, rejecting flat rate increases to ensure just compensation for acquired land.
The court upheld the Reference Court's valuation of agricultural land compensation, emphasizing reliance on expert opinions and valid market evidence in determining fair compensation under the Land A....
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