In a recent ruling by the Gujarat High Court, a decision was made regarding the valuation of land and compensation for acquired land. The case involved the State of Gujarat appealing against the judgement and award passed by the Additional Senior Civil Judge at Deesa. Original claimants had filed cross-objections seeking enhancement of their claim. The High Court addressed the errors in the valuation report, considered the changes in land nature and character, and concluded on a more suitable deduction percentage for the acquired land. Stay tuned to learn more about the details of this significant legal case.
Facts
- The First Appeals arise from land reference cases decided by the Additional Senior Civil Judge at Deesa.
- The Reference Court determined the market value of the acquired land at Rs.333.50 per square meters.
- The State of Gujarat has filed these appeals to quash the judgement and award of the Reference Court.
- The original claimants have filed cross-objections seeking enhancement of their claim.
- The appeals and cross-objections challenge the judgement and award passed by the Additional Senior Civil Judge, Deesa.
Analysis
- The Court examined the valuation report dated 20.05.2004 of the Valuation Committee.
- Emphasized on three methods of valuation: expert opinion, prices in bonafide transactions, and prospective profits of the acquired lands.
- Stressed on the importance of considering changes in land nature and character for valuation.
- Highlighted the error of deducting 40% instead of 20% from the fixed valuation, given the location of the acquired land in the city center.
- Noted that the Notification under Section 4 of the Act was published after the valuation of the land, potentially entitling claimants to additional compensation.
- Referenced previous cases to establish principles governing land valuation for compensation.
- Compared the acquired land in the present case to a previous matter, emphasizing the developed nature and future prospects of the area for valuation purposes.
- Concluded that a 20% deduction instead of 40% was more appropriate based on the characteristics of the acquired land and surrounding development.
Decision
- Statutory benefit accrued as per the rate prescribed under Section 28 of the Act.
- Original claimants allowed objections and entitled to additional compensation at Rs. 114/- per Sq.Mtr.
- Enhanced compensation to be deposited within eight weeks from the date of receipt of the order.
- Disbursement of compensation to claimants through account payee cheque after verification of identity.
- Judgments and awards modified to grant total compensation of Rs. 456/- per square meter along with statutory benefits and interest.
- Connected applications disposed of.
- First Appeals filed by the State dismissed.
- Claims governed by previous order dated 15.02.2024.
- Appeals and cross objections dismissed in line with the above order.
- Connected civil application disposed of accordingly.
Case Title: LAND ACQUISITION AND REHABILITATION OFFICER Vs. PATEL MANJIBHAI CHEHRABHAI
Case Number: R/FA/4654/2018
