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2022 Supreme(Raj) 871

ANOOP KUMAR DHAND
Rajasthan State Industrial Development & Investment Corporation Limited, through Senior Deputy General Manager, RIICO Limited – Appellant
Versus
Ginni International Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. Ajeet Bhandari, Sr. Advocate with Mr. Jitendra Mishra
For the Respondent: Mr. Sunil Nath with Mr. Aksh Shrivastava

Judgement Key Points

Key Points: - (!) - (!) - (!)

What is the proper basis for determining market value in Land Acquisition Act references: can DLC circle rates be the sole basis for compensation?

What is the correct evidentiary approach when DLC rates are relied upon in an LC/Reference Court proceeding under Section 18 of the 1894 Act?

What are the permissible factors and evidence to be considered by the Reference Court when determining compensation as of the date of notification under Section 4 (12.09.2005) in this case?


JUDGMENT :

1. Invoking the appellate jurisdiction of this Court contained under section 54 of the Land Acquisition Act, 1894 (for short ‘the Act of 1894’), this appeal has been submitted against the judgment dated 23.04.2015 passed by the Court of Senior Civil Judge, Alwar (hereinafter referred as ‘Reference Court’) by which the Reference Petition No.101/2006, filed by the respondent has been allowed.

2. The land of the respondent was acquired by the State Government vide Notification dated 12.9.2005. The total land ad-measuring 431.82 hectare situated in Village Janaksinghpura, Madhosinghpura, Kali Pahadi and Majra Kaath, Tehsil Behror, District Alwar was acquired for extension of Industrial Area. A Notification under section 6 of the Act of 1894 was issued on 02.02.2006. Total 0.83 hectare land of the respondent from Khasra No.35 situated in Village Majra Kaath was acquired. The Land Acquisition Officer passed an award on 10.04.2006 and total compensation was determined as Rs.51,26,766/-including interest under Section 23(1A) of the Act with 30% solatium.

3. Feeling dissatisfied

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