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PANKAJ MITHAL, R. MAHADEVAN
Manik Panjabrao Kalmegh – Appellant
Versus
Executive Engineer Bembla Project Division YavatmaL – Respondent
JUDGMENT :
(Pankaj Mithal, J.)
1. Leave granted.
2. The appeal is directed against the common judgment and order dated 02.12.2021 of the High Court in First Appeal No.492 of 2017 and in Cross Objection No.65 of 2017 filed therein. The High Court has allowed the appeal of the respondents and had dismissed the cross objections of the appellant herein.
3. The controversy in this appeal is regarding determination of fair and adequate compensation for the acquired land, the fruit trees existing thereon and the borewell.
4. The appellant was the owner of the lands bearing Survey No.14 admeasuring 4.32 hectares, Survey No.15 admeasuring 1.40 hectares and Survey No. 17 admeasuring 5.87 hectares situate in village Barad, taluka Babhulgaon, District Yavatmal, Maharashtra. The aforesaid land was acquired for the benefit of Vidarbha Irrigation Development Corporation by the State of Maharashtra by issuing a notification dated 24.07.2003 under Section 4 of the Land Acquisition Act, 18941[Hereinafter referred to as ‘the Act’]. The Land Acquisition Officer2[In short ‘LAO’], passed an award on 27.06.2005 offering compensation of the aforesaid land to the appellant as under:
| S.No. | Land Det | ||
Acquisition of land – Grant of cumulative increase in market value of land is not an absolute rule – It is optional and may be granted in a given case only.
The main legal point established in the judgment is the determination of just, fair, and reasonable compensation for acquired land and fruit-bearing trees under the Land Acquisition Act, 1894.
In a case where land value has been determined with reference to sales statistics, trees will have to be valued separately.
The main legal point established in the judgment is the application of the income capitalization method and specific valuation methods for determining compensation under the Land Acquisition Act, 189....
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....
The court affirmed that reasonable guesswork is permissible in compensation assessments under the Land Acquisition Act, provided it balances equities and is supported by credible evidence.
The main legal point established in the judgment is the determination of compensation under the Land Acquisition Act, 1894, based on the correct market value of the acquired land and the valuation of....
The court established that compensation for acquired land and trees must be based on fair market value and supported by credible evidence, with a clear obligation to adhere to established legal prece....
Compensation for land acquisition must reflect the market value of irrigated land as double that of Jirayat land; expert evidence on valuation should not be dismissed without adequate justification.
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