Case Note & Summary
The present appeals were filed by the claimants challenging the judgment and award dated 03.09.2021 passed by the learned Reference Court in LAR No.24 of 2018, which awarded total compensation at the rate of Rs.237.13 per sq. mtr. for the acquisition of their land. The land was acquired for an irrigation scheme based on a proposal by the Deputy Collector, Himatnagar for Village Fatehpur, Taluka Bayad, District Sabarkantha (now Aravalli). The Section 4 notification was published on 13.03.2006, and the Section 6 notification on 19.08.2006. The Special Land Acquisition Officer passed an order on 20.12.2006 granting compensation for Jirayat land at Rs.7 per sq. mtr. Aggrieved, the claimants filed a reference under Section 18 of the Land Acquisition Act, 1894 claiming enhanced compensation at Rs.250 per sq. mtr. The Reference Court awarded additional compensation of Rs.230.13 per sq. mtr., making the total Rs.237.13 per sq. mtr. The claimants appealed, seeking further enhancement. During hearing, both sides submitted that for the same village, the High Court in First Appeal No.295 of 2020 dated 12.11.2025 had determined the market value at Rs.308.25 per sq. mtr. for a Section 4 notification dated 06.10.2004. The claimants argued that since the notification in the present case was dated 13.03.2006, a delay of about 17 months, an appropriate escalation should be granted. The court agreed, noting that the issue was covered by the previous judgment. Applying a 10% escalation for the delay, the court calculated the market value as Rs.339.07 per sq. mtr. (Rs.308.25 + 10% of Rs.308.25). The court set aside the Reference Court's award and directed that the claimants are entitled to compensation at the rate of Rs.339.07 per sq. mtr., along with all statutory benefits under the Land Acquisition Act, including solatium, interest, and additional benefits. The appeals were allowed accordingly.
Headnote
A) Land Acquisition - Market Value Determination - Escalation for Delay - Land Acquisition Act, 1894, Sections 4, 23 - The court considered the market value for land acquired for an irrigation scheme, where the Section 4 notification was issued on 13.03.2006. Relying on a previous judgment for the same village (First Appeal No.295 of 2020) which fixed the market value at Rs.308.25 per sq. mtr. for a notification dated 06.10.2004, the court granted a 10% escalation for the delay of about 17 months, resulting in a market value of Rs.339.07 per sq. mtr. Held that the claimants are entitled to enhanced compensation at the rate of Rs.339.07 per sq. mtr. (Paras 5-7).
Issue of Consideration
Whether the claimants are entitled to enhanced compensation for the acquired land and what should be the appropriate market value.
Final Decision
The appeals are allowed. The judgment and award of the Reference Court dated 03.09.2021 in LAR No.24 of 2018 is set aside. The claimants are entitled to compensation at the rate of Rs.339.07 per sq. mtr. for the acquired land, along with all statutory benefits under the Land Acquisition Act, 1894, including solatium, interest, and additional benefits. The State is directed to pay the enhanced compensation within a reasonable period.
Law Points
- Market value determination
- escalation for delay in notification
- reliance on previous judgment for same village
- Land Acquisition Act
- 1894 Sections 4
- 6
- 18
- 23
