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S. G. CHATTOPADHYAY
Nantu Rani Majumder @ Pintu Rani Majumder – Appellant
Versus
Land Acquisition Collector, South Tripura, Belonia – Respondent
| Table of Content |
|---|
| 1. common judgment for similar appeals. (Para 1 , 2 , 3) |
| 2. claimants seek higher compensation for acquired land. (Para 4 , 5 , 6) |
| 3. challenges to deductions made by the la judge. (Para 7 , 8 , 9) |
| 4. court debate supporting the la judge's findings. (Para 10 , 11) |
| 5. discussion on deductions for development charges. (Para 12 , 18 , 19 , 20) |
| 6. court enhances compensation; directs deposit. (Para 21 , 22) |
JUDGMENT
S.G. Chattopadhyay, J. - The facts and law involved in both of the appeals being identical, they are taken up together for disposal by a common judgment.
2. Heard Mr. S. Bhattacharjee, learned counsel appearing for the appellants. Also heard Mr. P. Gautam, learned advocate appearing for respondent No.1 as well as Mr. S. Saha, learned advocate appearing for respondent No.2.
3. The present appeals have been filed by the original claimants seeking to challenge the judgment and award dated 08.05.2019 passed by the learned Land Acquisition Judge, South Tripura, Belonia (Learned LA Judge for short) in LA (Ref.) No.76 of 2017 and LA (Ref.) No.77 of 2017 whereby the learned LA Judge enhanced the compensation awarded by the LA Collector for acquisition of their land from Rs.8
Compensation for acquired land must consider the highest relevant market exemplars and just deductions based on actual development needs, not arbitrary percentages.
The main legal point established in the judgment is the relevance of sale instances/exemplars from the acquired land for determining the market value and the appropriateness of deductions towards dev....
The highest sale instance must be considered for compensation valuation, and deductions for development charges must reflect the land's actual condition.
Acquisition of land – Generally, sale instances with respect to small plots/parcels of land are not comparable to a large extent of land for the purpose of determining compensation.
Court should look into sale instances of smaller pieces of land while applying reasonable element of deduction.
Acquisition of land - Quantum of compensation - Court is guided by relevant and admissible evidence and practical or pragmatic ways of commercial transactions, suitable adjustment towards deduction f....
The court reaffirmed that compensation for acquired land must reflect fair market value, taking into account adequate comparable sales while establishing that evidence must support any deductions for....
Land Acquisition and Requisition – Determination of market value - When market value is sought to be ascertained with reference to a transaction which took place some years before the acquisition, me....
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 ....
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