Land Acquisition Compensation Dispute Resolution

Discover how the court’s legal analysis in a recent judgment shed light on resolving a dispute over compensation rates for lands from various villages in a land acquisition case. The decision provided crucial insights into determining fair compensation for landowners, setting a significant precedent for future cases in this domain.

Facts

  • The appeals challenge the judgment and order dated 25.01.2017 passed by the High Court of Karnataka.
  • Previous matters related to the same acquisition had come up before this Court and were disposed of by judgment dated 26.09.2019.
  • Compensation for lands from village Jafrabad was raised to Rs.129.95 per sq. ft., and it was requested to set the compensation for lands from village Taj Sultanpur at the same level.
  • The Land Acquisition Officer had determined compensation rates for lands from different villages.
  • The Reference Court awarded compensation for lands from village Shaikh Roza @ Rs.187.5 per sq. ft. and for lands from Jafrabad @ Rs.142 per sq. ft.
  • The appellants are entitled to compensation @ Rs.150 per sq. ft. for lands from village Shaikh Roza and @ Rs.71,500 per acre for lands from Jafrabad in the appeals before this Court.

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Decision

  • The appellants are entitled to compensation at Rs.129.95 per sq. ft. for their lands from village 4 Taj Sultanpur.
  • The submission by Mr. Vikramjit Banerjee opposing the compensation is rejected.
  • The appeals are allowed without any costs being awarded.
  • Application for substitution to bring the legal representative of the deceased appellant is approved, abatement is set aside.
  • Compensation for lands from Taj Sultanpur is set at the same level as awarded for lands from the village Jafrabad.

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Case Title: CHITRABAI Vs. DEPUTY CHIEF ENGINEER (CONSTRUCTIONS) SOUTH CENTRAL RAILWAYS III (2021 INSC 746)

Case Number: C.A. No.-006957-006958 / 2021

Click here to read/download original judgement

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