IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SANGEETA K.VISHEN, MOOL CHAND TYAGI
Joshi Bhalchandra Shankarlal – Appellant
Versus
State of Gujarat – Respondent
ORDER :
1. The issue involved in these appeals is common and hence, both the appeals are being heard analogously and being disposed of by this common judgment.
2. Both the captioned appeals are arising out of the common judgment and award dated 31.12.2018 (hereinafter referred to as the “impugned judgment”) passed by the learned Principal Senior Civil Judge, Himmatnagar, District Sabarkantha in Land Acquisition Reference Case no. 2 of 2012 to Land Acquisition Reference Case no. 31 of 2012 whereby, the references under section 18 of the LAND ACQUISITION ACT , 1894 (hereinafter referred to as “Act of 1894”), has been rejected and thus, the market value determined by the Land Acquisition Officer under section 11, came to be confirmed. Hence the captioned appeals by the claimants.
3. Mr.RK Mansuri, learned Advocate appearing for the appellants-original claimants and Ms.Foram Trivedi, learned Assistant Government Pleader have jointly submitted that the captioned appeals are arising out of the impugned judgment rendered in Land Acquisition Reference Case no.2 of 2012 to Land Acquisition Reference Case no. 31 of 2012 passed by the learned Principal Senior Civil Judge and the captioned appea
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The court affirmed that expert committee valuations are essential in determining equitable market compensation in land acquisition cases.
Market value in land acquisition cases must reflect current assessments by expert committees rather than outdated valuations, ensuring fair compensation aligns with statutory requirements.
Valuations by Expert Committees are essential in determining adequate compensation for land acquisition, reflecting market realities rather than outdated assessments.
Compensation for land acquisition must be based on current market value, informed by recent sale transactions and relevant valuation reports.
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 court upheld an enhanced land compensation rate reflecting market value, confirming reliance on established valuation methodologies and legal precedents in land acquisition cases.
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 market value of acquired land should be assessed based on the comparable sale exemplars of the contemporaneous period with respect to the parcels of land, either forming part of the acquired land....
Once the market value of the land as on the date of publication of notification under Section 4(1) of the L.A. Act is so determined the land owner(s) shall be entitled to an amount @12% per annum the....
Compensation for land acquisition must reflect accurate market value, considering relevant statutory provisions and context rather than relying solely on outdated evaluations.
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