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SURESHWAR THAKUR, KULDEEP TIWARI
Hardev Kaur – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. important legal observations and procedural background. (Para 1) |
| 2. case facts outlining the review of previous orders. (Para 2 , 3) |
| 3. arguments regarding the legality of compensation assessment. (Para 4 , 5 , 6 , 7 , 8 , 9 , 10) |
| 4. court analysis on jurisdiction and arguments' merit. (Para 11 , 12) |
| 5. final order and conclusion of the case. (Para 13 , 14 , 15 , 16) |
JUDGMENT
Mr. Sureshwar Thakur, J.
This Court on 21st July, 2017, had drawn a verdict upon the instant writ petition. In the operative paragraph(s) of the said verdict, this Court, thus made the hereinafter extracted directions.
The notification setting a multiplier of 1.00 for compensation calculation was struck down, necessitating a new notification to apply a multiplier of 2.00 for recalculating compensation.
The court ruled that in land acquisition, established multiplication factors must be adhered to, as deviating from them unlawfully denies rightful compensation.
The court established that compensation for acquired land must reflect its urbanized market value rather than agricultural rates, ensuring fair compensation rights under the Constitution.
Sections 12 read as award of Collector when to be final.
The court affirmed that the doctrine of stare decisis applies, and legal principles declared by courts generally have retrospective effect unless explicitly stated otherwise.
Limitation under Section 18(b) of Land Acquisition Act runs from actual/constructive knowledge of award contents if no Section 12(2) notice; market value from pre-notification sales with escalation.
The court emphasized that failure to follow mandatory procedures in land acquisition invalidates the award, highlighting the necessity of proper notifications and consideration of market value as per....
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