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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
DEVAN M.DESAI
General Manager – Appellant
Versus
Patel Kaushik Babubhai – Respondent
| Table of Content |
|---|
| 1. overview of the appeal and its context. (Para 1 , 3) |
| 2. arguments regarding compensation values. (Para 4) |
| 3. counterarguments from claimants on compensation. (Para 5) |
| 4. court's review and need for further evidence. (Para 6 , 7) |
| 5. remand for fresh decision and procedural directives. (Para 8 , 9) |
| 6. final decision to quash previous awards. (Para 10) |
JUDGMENT :
DEVAN M. DESAI, J.
1. Present appeals are filed by the appellant - O.N.G.C. under Section 54 of the LAND ACQUISITION ACT read with Section 96 of the Code of Civil Procedure, 1908 (hereinafter, referred to as ‘the Code’) challenging the judgment and award dated 27.02.2009 passed in L.A.R. Nos. 1853 to 1855 of 2003 by the learned Additional District and Sessions Judge (5th Fast Track Judge), Mehsana (hereinafter referred to as the "Reference Court"). The Reference Court has partly allowed the said Reference and awarded compensation of Rs.104/- per sq. mtr. over and above the amount of compensation of Rs.21/- already awarded by the Special Land Acquisition Officer.
2. Heard learned advocate Ms. K.J. Brahmbhatt for the appellant, learned advocate Ms. Shivani Trivedi for respondent No.1 and learned AGP Mr. Chirag Upadh
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 determination of land acquisition compensation must consider expert valuations and local market conditions, reaffirming that inappropriate comparisons can lead to erroneous awards.
Compensation in land acquisition must be based on comparative market values and previous adjudications, ensuring fairness and consistency in 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.
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