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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SANGEETA K. VISHEN, MOOL CHAND TYAGI
Deputy Collector And Land Acquisition And Rehabilitation (Irrigation), Rajkot – Appellant
Versus
Shiva Odhadbhai – Respondent
JUDGMENT :
SANGEETA K. VISHEN, J.
1. Captioned appeals are directed against the judgment dated 17.01.2017 passed by the learned Additional Senior Civil Judge in Land Acquisition Reference case nos.34 of 2002 and other allied references (hereinafter referred to as “the impugned judgment”) whereby, group of land acquisition reference cases filed by the claimants, came to be partly allowed. Since the issues involved in the captioned group of appeals are common, all the matters, with the consent of the learned advocates, are heard analogously and being decided by this Common Oral Judgment.
2. The learned Advocates appearing for the respective parties have jointly submitted that the captioned group of appeals was decided by the impugned judgment and is identical to the group of First Appeal no. 2625 of 2018 and other allied matters arising out of Land Acquisition Reference Nos. 49 of 2002 to 74 of 2002. It is jointly urged that the present group of First Appeal be decided on the same lines as decided by the coordinate bench today, vide judgment rendered in the group of First Appeal no.2625 of 2018 and other allied matters.
3. Briefly stated are the facts:
3.1 Notification under section 4 of
The court affirmed the use of the Yield Method in determining land compensation, emphasizing that adequate evidence of market value and agricultural yield must support claims for enhanced compensatio....
The court upheld the use of the Yield Method for determining compensation under the Land Acquisition Act when credible evidence of comparable sales was lacking, affirming the market value of cultivat....
Compensation for acquired land must reflect its fair market value, including consideration of agricultural yield and proper escalation adjustments based on market conditions at the time of acquisitio....
The court affirmed that compensation for land acquisition should be determined using comparative market value and yield method, especially when similar lands are involved.
The court determined that compensation for acquired land must reflect fair market value, aligning with previous awards for similar properties.
The main legal point established in the judgment is the correct classification of acquired land as perennially irrigated, leading to the entitlement of enhanced compensation, rental compensation, and....
Market value in land acquisition cases must reflect current assessments by expert committees rather than outdated valuations, ensuring fair compensation aligns with statutory requirements.
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