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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
HON'BLE MR. JUSTICE SUSHIL KUKREJA
Land Acquisition Collector – Appellant
Versus
Bangalu @ Daulat Ram – Respondent
| Table of Content |
|---|
| 1. overview of land acquisition and appeals (Para 2 , 3) |
| 2. facts regarding compensation awarded for the land (Para 4 , 5) |
| 3. legal arguments regarding uniformity in compensation (Para 6 , 10 , 12) |
| 4. court's observations on no permissible deductions (Para 9 , 11 , 13) |
| 5. final ruling regarding the dismissal of appeals (Para 14 , 16 , 17) |
JUDGMENT :
Sushil Kukreja, J.
Since all the these appeals are the offshoots of award relating to Land situated in village Kuhal Katal, Post Office and Sub-Tehsil Namhol, District Bilaspur, H.P., which was acquired, through notification under Section 4 of the LAND ACQUISITION ACT (for short “the Act”), for construction of Kuhal- Katal road, the same are taken up together and being disposed of by a common judgment.
2. The instant appeals have been preferred by the appellant(s)/State against common award, dated 18.03.2017, passed in Land References No. 20/4 to 24/4 of 2013, passed by learned Additional District Judge Ghumarwin, District Bilaspur, H.P. (camp at Bilaspur) (for short “the Reference Court below”), with a prayer to set-aside the impugned award.
3. The facts giving rise to the instant appeals, in brief, are that Government of Hima
Uniform compensation is applicable in land acquisition cases for public use, regardless of land categorization, and no deductions are permissible for public utility projects.
Uniform compensation is mandated under the Land Acquisition Act when land is acquired for a common public purpose, irrespective of land classification.
Uniform compensation is warranted for land acquired for the same public purpose, irrespective of land classification, with no deductions allowed for rural connectivity projects.
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....
Market value for acquired land must reflect the highest comparable sales, with deductions for development costs and interest calculated from possession date, not award date.
The court ruled that proper market value determination for acquired land must prioritize the highest bona fide transaction and that interest is owed from the date possession is taken, not from the da....
Court should look into sale instances of smaller pieces of land while applying reasonable element of deduction.
The highest sale instance must be considered for compensation valuation, and deductions for development charges must reflect the land's actual condition.
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