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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SANGEETA K. VISHEN, NIRAL R. MEHTA
Deputy Collector Land Acquisition And Rehabilitation Officer – Appellant
Versus
Lh of Lt Thakor Aedrajji Galji – Respondent
JUDGMENT :
NIRAL R. MEHTA, J.
1. These First Appeals filed by the appellants - State authorities and the Cross Objections filed by the respondents - original Claimants are directed against the judgment and award dated 19th April 2019 passed in Land Acquisition Reference Nos.35 of 2017 and 36 of 2017, whereby the learned Principal Senior Civil Judge, Deodar has partly allowed the Reference and awarded additional compensation at the rate of Rs.333.50 per sq. mtrs. along with interest at the rate of 9% per annum on the additional compensation from the date of taking over the possession for the first year and thereafter, 15% per annum till actual realization of the payable aggregate amount.
2. The brief facts can be stated as under:
2.1. That the land of the original claimants situated at village : Lakhani, Taluka : Lakhani, District : Banaskantha, came to be acquired for the public purpose of Spreading Canal of Sujalam Safalam. Notification under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as "the Act" for short) was issued on 1st July 2004 and declaration under Section 6 of the Act was made on 5th January 2005 and the same culminated into the award under Section
The court affirmed that compensation for acquired land should be calculated with a 20% deduction based on established valuation standards, modifying the Reference Court's decision to reflect correct ....
The determination of land acquisition compensation must consider expert valuations and local market conditions, reaffirming that inappropriate comparisons can lead to erroneous awards.
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 mandated that all relevant evidence, including subsequent judgments, must be considered by the Reference Court in determining compensation for land acquisition cases.
Compensation for land acquisition must reflect current market values based on latest information and regional judgments.
The court ruled that inconsistent treatment of claimants by the State in land acquisition cases constitutes discrimination, affirming the reference court's award of additional compensation.
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....
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