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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
Parshottam Jeram – 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.49 to 74 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. Briefly stated are the facts:
2.1 Notification under section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as “the Act of 1894”) was published in the Government Gazette on 12.06.1997 while, section 6 notification, was published on 30.10.1997. Followed, was the award passed by the Land Acquisition Officer dated 24.09.1999 and the market value determined, was Rs.3.50/- per sq. mtr. for Jirayat Land and Rs.5.25/- per sq. mtr. for Bagayat Land.
2.2 The claimants, since were aggrieved, approached the Collector and the applications were registered as Land Acquisition Reference case nos.
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....
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....
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 determined that compensation for acquired land must reflect fair market value, aligning with previous awards for similar properties.
Market value in land acquisition cases must reflect current assessments by expert committees rather than outdated valuations, ensuring fair compensation aligns with statutory requirements.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 compensation for land acquisition should be determined using comparative market value and yield method, especially when similar lands are involved.
(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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