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PRADEEP KUMAR SRIVASTAVA
Central Coalfields Limited (CMD), Darbhanga House, Ranchi – Appellant
Versus
Karma Ganjhu – Respondent
JUDGMENT :
Pradeep Kumar Srivastava, J.
1. These first appeals arise out of the common judgment dated 28.07.2014 passed by the learned Sr. Civil Judge-II-cum-Special Judge, L.A., Hazaribagh in separate land reference cases, whereby the said learned Court has allowed the claim of the respondents /claimants and enhanced the rate of compensation, as such, these appeals are heard together and are being disposed of by this common judgment.
2. This batch of appeals arising out of Land Reference Case Nos. 52/2010 to 57/2010 & 60/2010. All these land reference cases arose out of Land Acquisition Case No. 14/2005-2006.
3. Learned counsel for the appellants has submitted that the land under acquisition proceedings were acquired way back in the year 2006 vide Gazette Notification issued under Section 4(1) of the Land Acquisition Act, 1894 under declaration No. 75/Ra. dated 03.02.2006, which was referred under Section 18 of the Land Acquisition Act by the Land Acquisition Officer, Ramgarh against the award prepared by the Collector, Ramgarh upon the application of the raiyati for enhancement of the compensation, but the application for enhancement has been filed by the claimants in the year 201
Court should look into sale instances of smaller pieces of land while applying reasonable element of deduction.
Acquisition of land – Generally, sale instances with respect to small plots/parcels of land are not comparable to a large extent of land for the purpose of determining compensation.
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 must reflect fair compensation by considering local comparable sales despite development charges; enhancements by tribunal upheld as reasonable.
The court reaffirmed that compensation for acquired land must reflect fair market value, taking into account adequate comparable sales while establishing that evidence must support any deductions for....
The main legal point established in the judgment is the application of principles for determining the market value of acquired land, including the relevance of purpose of acquisition, deductions for ....
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