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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
SUSHIL KUKREJA
Surinder Singh – Appellant
Versus
Collector Land Acquisition – Respondent
| Table of Content |
|---|
| 1. introduction of the case and background of the acquisition. (Para 1 , 2 , 3 , 4 , 5) |
| 2. arguments presented by the appellants and cross-objectors regarding the compensation. (Para 7 , 8) |
| 3. overview of the legal principles regarding market value determination. (Para 9 , 10) |
| 4. judicial precedents and principles relevant to market value assessment. (Para 11 , 12 , 13 , 14 , 21) |
| 5. determination of interest payment and its basis under the act. (Para 25 , 28 , 30) |
| 6. final conclusion and orders regarding compensation and interest. (Para 33) |
JUDGMENT :
Sushil Kukreja, J.
Since all these appeals and cross objections are the offshoots of award, dated 16.08.2011, passed by learned Additional District Judge, Mandi, H.P. (hereinafter referred to as “the learned Reference Court”), the same are taken up together and being disposed of by a common judgment.
2. The instant appeals have been preferred by the appellants, who were petitioners/claimants before the learned Reference Court, under Section 96 of the Code of Civil Procedure read with Section 54 of the LAND ACQUISITION ACT (for short “the Act”) against award dated 16.08.2011, passed by learned Reference Court, with a prayer th
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....
Uniform market value irrespective of classification for single-unit acquisition; additional interest as damages from pre-notification dispossession till Section 4 date upheld based on unrebutted aver....
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 in land acquisition fixed using highest bona fide comparable sale exemplar, with time escalation (10%) and size deductions (20%), considering land potentiality near development areas.
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.
Uniform compensation is mandated under the Land Acquisition Act when land is acquired for a common public purpose, irrespective of land classification.
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