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VIVEK RUSIA
Land Acquisition Officer, Indira Sagar Project (Canal) – Appellant
Versus
Saifuddin – Respondent
JUDGMENT :
Vivek Rusia, J.
Heard on IA no. 148/21, an application for condonation of delay.
This is an appeal filed against the award dated 31.10.2019 passed by learned District Judge/Reference Court in Land Acquisition Case No. 381/2019 whereby the award in respect of the valuation of the constructed house has been enhanced up to Rs. 20,64,370/-.
Present appeal is barred by 46 days.
Shri Patwa submits that in respect of the notification and acquisition proceedings, number of appeals have been filed by the appellant before this Court. The entire period of limitation has been consumed for taking approval from various authorities, therefore, delay which has occurred neither intentionally nor deliberately, hence the delay be condoned.
Shri Mangal opposes the prayer and submits that as per law the appellant is required to examine each and every date. The reasons mentioned in the application are vague in nature.
I have perused the record as well as content of the application.
Keeping in view the period of delay i.e. 46 days and identical appeals are pending before this Court, the delay in filing present appeal is hereby condoned. IA No. 148/21 stands disposed of.
Heard on the question of admissi
The main legal point established in the judgment is the assessment of compensation based on the market value of the land at the time of notification under Section 4(1) and the determination of land v....
In land acquisition for public infrastructure, market value should be based on credible guideline values as of the crucial date rather than stray sale deeds, and developmental charges are generally i....
The main legal point established in the judgment is the need to consider expert valuation reports and the quality of construction in determining just and reasonable compensation for acquired properti....
The acquiring authority to award additional interest by way of damages @ 15% per annum from the date when respondents-claimants were dispossessed till the date of notification under Section 4 of Act.
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.
Sections 12 read as award of Collector when to be final.
The market value of acquired land must be assessed based on its existing use and geographical situation at the time of the notification, with proper evidence required to substantiate claims for compe....
Compensation for acquired land must reflect updated market value based on relevant, bona fide transactions rather than outdated assessments, as established under the Land Acquisition Act.
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