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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
HEMANT M.PRACHCHHAK
Executive Engineer/General Manager – Appellant
Versus
Kaneliya Ajmalji Motiji – Respondent
JUDGMENT :
HEMANT M. PRACHCHHAK, J.
1. The appellant has filed the present appeals under Section 54 of the LAND ACQUISITION ACT (hereinafter be referred to as “the Act”) challenging the impugned judgment and award dated 06.04.2017 passed by the learned 2nd Additional Senior Civil Judge, Deesa, District: Banaskantha in Land Acquisition Reference No.65 of 2013 (main case) and other allied matters. By the said common judgment and award, the learned Judge has partly allowed the Reference and has enhanced the amount of compensation determining the market value of land acquired at the rate of Rs.160.75 paise per square meter. Apart from the said enhancement amount of compensation, the learned Judge has also awarded consequential statutory benefits of solatium along with the interest.
2. Brief facts of the present case are that the agriculture lands of respondents-original claimants situated at Village Ubari, Taluka: Kankrej, District Banaskantha have been permanently acquired for the purpose of constructing new broad gauze railway line of Patan – Bhildi vide Land Acquisition Case No. 14 of 2009. For the purpose of acquisition, the award has been declared as per rate of Rs. 24.25 per squa
Compensation for acquired land must be based on reliable valuation evidence, with deductions reflecting the nature of the land and consistent with judicial precedents.
The court upheld an enhanced land compensation rate reflecting market value, confirming reliance on established valuation methodologies and legal precedents in land acquisition cases.
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....
Compensation for land acquisition must be based on current market value, informed by recent sale transactions and relevant valuation reports.
Market value in land acquisition cases must reflect current assessments by expert committees rather than outdated valuations, ensuring fair compensation aligns with statutory requirements.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 affirmed that expert committee valuations are essential in determining equitable market compensation in land acquisition cases.
Valuations by Expert Committees are essential in determining adequate compensation for land acquisition, reflecting market realities rather than outdated assessments.
(1) Acquisition of land – When large extent of lands are acquired and if sale exemplar, also for large extent is available on record it would be safer to rely on same if they are comparable transacti....
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