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SHEKHAR KUMAR YADAV
Krishna Kumar Kalra (Since Deceased) Through His Lr's – Appellant
Versus
U. P. Khadi And Village Indurtries Board Lko. – Respondent
JUDGMENT :
Shekhar Kumar Yadav, J.
1. Heard Sri Avinash Chandra, Learned Counsel for the appellant and Sri Pankaj Patel, Learned Counsel for the respondent representing U.P. Khadi & Village Industries Board and Learned Counsel for the State.
2. The aforesaid two appeals have been filed against the order dated 15.10.2009, passed by the Presiding Officer, Municipal Tribunal, Lucknow in Misc. Case No. 11 of 2006 (Krishan Kumar Kalra Vs State of Uttar Pradesh & Others) under Section 18 of the Land Acquisition Act, 1894. First Appeal No. 4 of 2010 has been filed by U.P. Khadi & Village Industries Board, Lucknow through its Chief Executive Officer (U.P. Khadi & Village Industries Board Vs Krishna Kumar Kalra & Another), hereinafter referred as Respondents and First Appeal No. 28 of 2010 has been filed by Krishna Kumar Kalra (Krishan Kumar Kalra Vs U.P. Khadi & Village Industries Board & Another), hereinafter referred as Claimants. During pendency of the appeal, Krishna Kumar Kalra died and as such, his legal heirs are substituted on the record. Since both the Appeals have been filed against the same order dated 15.10.2009, hence the same are being decided by this common order.
3. The adumbra
Compensation for acquired land must reflect its market value and potential use, not just current use, as established under the Land Acquisition Act.
The main legal point established in the judgment is the determination of market value and the factors to be considered in assessing compensation for acquired land under the Land Acquisition Act, 1894....
Court reaffirms right to fair market value in land acquisition, stressing reliance on genuine comparable sales and entitlement to higher solatium and interest.
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....
Compensation for acquired land must reflect its market value, determined by comparable sales and potentiality, as per the Land Acquisition Act.
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