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M. R. SHAH, B. V. NAGARATHNA
Ramrao Shankar Tapase – Appellant
Versus
Maharashtra Industrial Development Corporation – Respondent
JUDGMENT :
M.R. SHAH, J.
1. As common questions of law and facts arise in this group of appeals from the same land acquisition proceedings, all these appeals are decided and disposed of by this common judgment.
2. All these appeals arise from the land acquisition proceedings undertaken by the State Government for the Maharashtra Industrial Development Corporation (MIDC) (hereinafter referred to as the ‘Acquiring Body’) for extension of industrial estate in village Bhoyar, Taluka and District Yavatmal. The State Government issued a notification on 09.03.1995 under Section 32(2) of the Maharashtra Industrial Development Act, 1961 (hereinafter referred to as the ‘Act’) for acquisition of the lands in question pertaining to village Bhoyar. By the said notification, several extents of land located in various survey numbers spread out in the village of Bhoyar, belonging to the original claimants, were acquired. The Special Land Acquisition Officer declared the awards and determined the quantum of compensation payable to the original claimants, particulars of which are given herein-below
The determination of fair market value for compensation in land acquisition cases should consider the actual market value of the acquired land, irrespective of the purpose of acquisition or future us....
Acquisition of land – Quantum of compensation must be uniform for lands acquired for same public purpose.
The determination of compensation for acquired land should consider the conversion to non-agricultural use, the location and development potential, and the evidence of sale instances.
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....
Market value in land acquisition must reflect fair compensation by considering local comparable sales despite development charges; enhancements by tribunal upheld as reasonable.
The main legal point established in the given judgment is that the enhanced compensation awarded by the Reference Court is just, proper and reasonable.
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