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SURESHWAR THAKUR, KULDEEP TIWARI
Hardev Kaur – Appellant
Versus
Union of India – Respondent
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.
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....
Absence of local sales permits reliance on nearby circle awards for market value, with 10% annual cumulative increase for time gap; uniform rate applies to single-unit public acquisitions irrespectiv....
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