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IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANUBHA RAWAT CHOUDHARY
Chief Project Manager, NTPC Ltd., through its authorised representative namely Dilip Kumar, S/o. Mahesh Prasad – Appellant
Versus
Saraswati Devi, W/o. Late Satyanarayan Ojha – Respondent
| Table of Content |
|---|
| 1. compensation determined under the act of 2013. (Para 1 , 2) |
| 2. court's duty to follow compensation guidelines under the act. (Para 3 , 19 , 34) |
| 3. arguments regarding assessment of compensation amounts. (Para 4 , 7 , 8 , 10) |
| 4. final ruling on compensation should align with evidence presented. (Para 14 , 26 , 39) |
| 5. market value assessment must include highest available rates. (Para 35 , 37) |
JUDGMENT :
1. This batch of 118 first appeals arise out of common judgment dated 30.11.2024 wherein different Land Reference cases have been decided. The acquired land involved in these cases are of village Tarhesa, District Hazaribagh, Jharkhand which have been acquired under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as the Act of 2013) for NTPC limited. Total area of acquired land is 84.80 acres of raiyati land. There are 59 Land Reference cases involved in this batch of cases arising out of Land Reference Case No. 495 of 2022 to 540 of 2022 and Land Reference Case Nos. 555 of 2022 to 567 of 2022 arising out of the same Reference under section 64 of the aforesaid Act of 2013.
The trial co
The compensation for land acquisition must reflect the prevailing market value based on sale deeds within three years prior to notification, not an arbitrary figure, ensuring just compensation under ....
Compensation for acquired land under the Land Acquisition Act cannot be determined solely on the basis of rates mentioned in the records/ documents issued by the Deputy Registrar, Registration and St....
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 ....
Market value for land acquisition must be assessed based on comparable sales proximate to the acquisition date, reflecting fair compensation principles.
The determination of compensation under the Land Acquisition Act should be based on the circle rates notified by the Collector, and the amount of compensation cannot be lesser than the amount notifie....
The court modified the compensation for acquired land, emphasizing the need for careful comparison of prior judgments and appropriate application of annual increase rates.
The assessment of compensation for land acquisition must prioritize the highest market value from relevant sale deeds and apply provisions of newer compensation regulations.
The court affirmed that previous awards in similar land acquisitions can be considered for determining market value under the Right to Fair Compensation Act, ensuring just compensation.
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