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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SANGEETA K. VISHEN, MOOL CHAND TYAGI
Joshi Bhalchandra Shankarlal – Appellant
Versus
State Of Gujarat – Respondent
| Table of Content |
|---|
| 1. details on the appeals and prior judgments' implications. (Para 6) |
| 2. evidence presented by both claimants and defendant. (Para 7 , 8 , 9 , 10 , 13) |
| 3. court's evaluation of market value determination. (Para 14 , 15) |
| 4. expert committee valuations recognized as significant. (Para 16) |
| 5. proximity of prior valuations to current case. (Para 18 , 19 , 20) |
| 6. discrepancies between casual comparisons of land values. (Para 21 , 22) |
| 7. final determination of compensation rates. (Para 26) |
| 8. conclusion on appeal outcomes and orders. (Para 27 , 28) |
ORDER :
MOOL CHAND TYAGI, J.
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 rej
Market value in land acquisition cases must reflect current assessments by expert committees rather than outdated valuations, ensuring fair compensation aligns with statutory requirements.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are essential in determining adequate compensation for land acquisition, reflecting market realities rather than outdated assessments.
The court affirmed that expert committee valuations are essential in determining equitable market compensation 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.
Compensation for acquired land must reflect its market value and potential use, not just current use, as established under the Land Acquisition Act.
The court upheld an enhanced land compensation rate reflecting market value, confirming reliance on established valuation methodologies and legal precedents in land acquisition cases.
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