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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SANGEETA K.VISHEN, MOOL CHAND TYAGI
ONGC LTD. Thro. Deputy General Manager – Appellant
Versus
Patel Ranchhodbhai Narandas – Respondent
JUDGMENT :
SANGEETA K. VISHEN, J.
1. Captioned group of appeals, is directed against the common judgment dated 22.03.2007 (hereinafter referred to as “the impugned judgment”) passed by the learned Principal Senior Civil Judge, Gandhinagar in Land Acquisition Reference case nos.91 of 2005, 93 of 2005 to 96 of 2005 whereby, the reference cases, have been partly allowed. Additional compensation has been allowed to the claimants at the rate of Rs.411-00 per sq. mtr. over and above the amount of compensation already awarded by the Special Land Acquisition Officer.
2. Since all the appeals arise out of the impugned judgment, they are being heard analogously and are disposed of by this common oral judgment. For the sake of convenience, the parties shall hereinafter be referred to as per their respective status before the Reference Court.
3. Pertinently, the lands in question are situated in the sim of village Mansa and were acquired for the purpose of Drill Site No.L.M.D.T. by the Oil and Natural Gas Corporation (hereinafter referred to as “the ONGC”). Initially, possession of the lands was taken by the acquiring body through personal negotiations sometime in the year 1997. Subsequent thereto
Compensation in land acquisition must be based on comparative market values and previous adjudications, ensuring fairness and consistency in awards.
Compensation for land acquisition must be based on current market value, informed by recent sale transactions and relevant valuation reports.
Compensation for land acquisition must reflect current market values based on latest information and regional judgments.
The court mandated that all relevant evidence, including subsequent judgments, must be considered by the Reference Court in determining compensation for land acquisition cases.
The court modified the compensation for acquired land, emphasizing the need for careful comparison of prior judgments and appropriate application of annual increase rates.
While determining market value/compensation, previous instances of acquisition in proximity for location and potential of land acquisition along with cumulative increase is relevant consideration.
The court ruled that compensation for land acquisition must be consistent across similar jurisdictions, applying a 30% reduction for non-municipal areas.
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