Case Note & Summary
The present first appeal was filed under Section 54 of the Land Acquisition Act, 1894, challenging the award passed by the learned Reference Court in LAR Nos.654 to 662 of 2009 dated 09.04.2012, whereby the Reference Court had determined additional compensation at the rate of Rs.97.10 per sq. mtr. for the land under acquisition pertaining to Village Dhamanva, Taluka Visnagar, District Mehsana. The land was acquired for the public purpose of construction of Sujlam Suflam Spreading Canal, for which Section 4 Notification was issued on 24.06.2004/03.07.2004. At the outset, learned advocates for the parties submitted that a common judgment was passed by the Reference Court in a group of LAR Nos.654 to 662 of 2009, and First Appeal No.5632 of 2019, arising from LAR No.655 of 2009 filed by the claimant, came to be partly allowed, directing the opponent-State to pay additional compensation at the rate of Rs.110.10 per sq. mtr. with permissible statutory benefits. The Court considered the submissions and referred to the decision rendered in First Appeal No.5629 of 2019, wherein the Division Bench had determined the market value of lands of Village Dhamanva acquired for the same purpose. The Court noted that the claimant had relied on a previous award (Exhibit 27) being judgment and award in Land Acquisition Reference Nos.329 to 332 of 2008 in respect of lands of Village Padhariya, claimed to be adjoining to Village Dhamanva. Following the precedent, the Court allowed the appeal, set aside the impugned award to the extent of compensation, and directed the respondents to pay additional compensation at the rate of Rs.110.10 per sq. mtr. with all statutory benefits.
Headnote
A) Land Acquisition - Compensation Enhancement - Market Value Determination - Land Acquisition Act, 1894, Section 54 - Appeal against Reference Court award determining compensation at Rs.97.10 per sq. mtr. - Court enhanced compensation to Rs.110.10 per sq. mtr. relying on previous decision in First Appeal No.5629 of 2019 - Held that compensation should be enhanced based on comparable awards and precedents (Paras 2-3).
Issue of Consideration
Whether the compensation awarded by the Reference Court for acquired land in Village Dhamanva was adequate and should be enhanced.
Final Decision
The appeal is allowed. The impugned judgment and award passed by the learned Reference Court is set aside to the extent of compensation. The respondents are directed to pay additional compensation at the rate of Rs.110.10 per sq. mtr. with all permissible statutory benefits available under the Act.
Law Points
- Land acquisition compensation
- market value determination
- reliance on previous awards
- enhancement of compensation
- Section 54 Land Acquisition Act
- 1894
