Back
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
K. VISHEN, SANJEEV J. THAKER
State of Gujarat – Appellant
Versus
Mahant of the Place of Ravteshwar Dharmalay: Gopalanandji Guru Premanandji – Respondent
ORDER :
1. The present note for speaking to minutes has been filed praying for following two corrections in the common oral judgment dated 23.12.2024:
“1. In the last line of para 25 of the judgment, in place of word “interest” the words/line “benefits of increase in the market value under Section 23(1-A), solatium under Sec. 23(2)and interest under Section 28 of the Act” be substituted.
2. At the end of para 25 following lines be added.
The amount lying in the fix deposits be disbursed in favour of the claimants after necessary verification. The differential amount shall be deposited within a period of six weeks from the date of receipt of the order of this Court.”
2. Ms Kruti M. Shah and Mr Tushar L. Sheth, learned advocates submitted that in connection with paragraph 25 of the judgment, this Court may kindly observe that the claimants would be entitled for other statutory benefits as awarded by the Reference Court for the differential amount under section 23(1-A), 23(2) and interest under section 28 of the Act. Besides, the claimants have also prayed for disbursement of the amount lying in the fixed deposit in their favour, coupled with further direction to the respondent to deposit
The court established that uniform compensation must be awarded for similar lands acquired for the same purpose, emphasizing the erroneous classification of certain lands as non-irrigated.
The court determined that compensation for acquired land must reflect fair market value, aligning with previous awards for similar properties.
Compensation for acquired land must reflect its fair market value, including consideration of agricultural yield and proper escalation adjustments based on market conditions at the time of acquisitio....
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....
The main legal point established in the judgment is the correct classification of acquired land as perennially irrigated, leading to the entitlement of enhanced compensation, rental compensation, and....
Land Acquisition - Claimant is entitled to get rental compensation in this case when the claimant is dispossessed prior to issuance of notification under Section 4 of the 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....
Market value in land acquisition cases must reflect current assessments by expert committees rather than outdated valuations, ensuring fair compensation aligns with statutory requirements.
The court upheld the use of the Yield Method for determining compensation under the Land Acquisition Act when credible evidence of comparable sales was lacking, affirming the market value of cultivat....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
