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S. G. CHATTOPADHYAY
Benu Bhusan Das – Appellant
Versus
Land Acquisition Collector – Respondent
JUDGMENT
1. Heard Mr. K. K. Pal, learned counsel appearing for the appellant. None appeared for the respondents despite service of notice.
2. This is an appeal under Section 54 of the LAND ACQUISITION ACT from the judgment and award dated 28.09.2018 delivered in Misc.(LA) 19 of 2015 by the Land Acquisition Judge (Court No.2), West Tripura, Agartala.
3. The facts are mostly admitted in as much as the respondents did not prefer any appeal nor have they filed any cross-objection. Moreover they did not appear despite receiving notice.
4. In terms of notification No.F.9(4)-REV/ACQ/XIV/07 dated 28th April, 2007 issued under Section 4 of the LAND ACQUISITION ACT , 1894, the land of the appellant measuring 0.0170 acres comprised in Plot No.9419/11003(P) in Madhupur mouza and recorded in Khatian No. 4321 was acquired for construction/up-gradation of link road from NH-44 (Amtali police station to B.R. Ambedkar Hospital at Hapania). The land according to the records falls in the Tilla class. The L.A Collector after hearing the claim of the appellant awarded a sum of Rs.30,897/- as the compensation inclusive of other components at the price of Rs.5,30,000/-(rupees five lakhs thirty thousand) p
Compensation for acquired land must reflect its fair market value based on comparable transactions, emphasizing the highest value obtained in bona fide dealings.
Compensation for acquired land must reflect its market value and potential use, not just current use, as established under the Land Acquisition Act.
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 ....
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....
Court reaffirms right to fair market value in land acquisition, stressing reliance on genuine comparable sales and entitlement to higher solatium and interest.
Compensation for acquired land must reflect its market value, determined by comparable sales and potentiality, as per the Land Acquisition Act.
The determination of compensation for acquired land must be based on market value assessments considering locational advantages and comparable sales, as established by evidence and legal precedents.
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