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DEVASHIS BARUAH
Airport Authority of India – Appellant
Versus
Rama Kanta Baruah – Respondent
JUDGMENT :
(DEVASHIS BARUAH, J.)
Heard Mr. R. Dubey, the learned counsel for the appellant in the batch of Appeals. Ms. M. D. Choudhury, the learned counsel appears on behalf of the respondents; Mr. J. Handique, the learned counsel appears on behalf of the Revenue Department and Ms. K. Phukan, the learned counsel appears on behalf of the District Collector.
2. Taking into account that vide the impugned common judgment and award dated 30.05.2015; 49 reference cases were disposed of in connection with LA Case No.27/1995, this Court takes up all these Appeals together for final disposal.
3. The land which was acquired in connection with LA Case No.27/1995 is for the purpose of expansion of the GNB Airport at Guwahati. In other words, the lands in question were adjacent to an existing airport. The notification under Section 4 of the Land Acquisition Act, 1894 (for short, ‘the Act of 1894’) was published on 16.11.1996 invoking the urgent provisions and subsequently on 18.11.1996, the declaration was made. This aspect of the matter assumes importance in as much as the landowners did not get an opportunity for the purpose of objecting
The burden of proving market value in land acquisition cases lies with the State, which must provide adequate evidence; the highest exemplars should be prioritized in determining compensation.
Market value for land acquisition must be assessed based on comparable sales proximate to the acquisition date, reflecting fair compensation principles.
(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....
The acquiring authority to award additional interest by way of damages @ 15% per annum from the date when respondents-claimants were dispossessed till the date of notification under Section 4 of Act.
Acquisition of land - Quantum of compensation - Court is guided by relevant and admissible evidence and practical or pragmatic ways of commercial transactions, suitable adjustment towards deduction f....
The main legal point established in the judgment is the relevance of sale instances/exemplars from the acquired land for determining the market value and the appropriateness of deductions towards dev....
The market value of the land for the purpose of determining the compensation should be assessed by considering the smallness of the plot, the highest exemplar, and the purpose of acquisition, and by ....
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