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NISHA M. THAKORE
Special Land Acquisition Officer – Appellant
Versus
Rajput Kanaji Naranji Since Died His Legal Heirs – Respondent
JUDGMENT :
Nisha M. Thakore, J.
1. Since both these appeals challenge the common judgment and award, the same are heard and decided by this common judgment
2. The present appeal is preferred at the instance of the State being aggrieved and dissatisfied with the common judgment and award dated 30.04.2008 passed by learned Principal District Judge, Mahesana in Land Acquisition References Nos.195 of 2005 to 213 of 2005, under Section 18 of the Land Acquisition Act, 1894, (hereinafter to be referred as, “the Act”). By the said impugned judgment and award, the reference court has partly allowed the reference cases directing the opponents-State Authorities to pay additional compensation to the claimants at the rate of Rs.317/- per sq. mtrs. in respect of the acquired lands, over and above amount of compensation determined by the Special Land Acquisition Officer under Section 11 of the Act. The opponents are further directed to pay additional amount of compensation at the rate of 12% on such additional amount of compensation awarded to the claimants in terms of Section 23(1-A) of the Act. The opponent-State is also directed to pay the amount of solatium at the rate of 30% on the additional a
The court ruled that compensation for land acquisition must be consistent across similar jurisdictions, applying a 30% reduction for non-municipal areas.
Compensation for land acquisition must be based on current market value, informed by recent sale transactions and relevant valuation reports.
The court determined that compensation for acquired land must reflect fair market value, aligning with previous awards for similar properties.
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....
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....
Absence of local sales permits reliance on nearby circle awards for market value, with 10% annual cumulative increase for time gap; uniform rate applies to single-unit public acquisitions irrespectiv....
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