In a significant verdict, the Gujarat High Court has resolved the Land Acquisition dispute in favor of the original claimants. The Court modified the impugned award to enhance the compensation for the acquired lands, ruling that the original claimants are entitled to a 20% deduction instead of 40%. This decision follows the principles governing the determination of market value for acquired lands, with the compensation set at Rs. 456/- per sq. mtrs. The ruling also includes statutory benefits and interest, adjusted for amounts already received by the claimants. #LandAcquisition #Compensation #GujaratHighCourt
Facts
- State has filed appeals challenging the awards of the Land Acquisition Officers on specific dates.
- The appeals pertain to the awards made by the Land Acquisition Officers.
- The State is contesting the decisions made by the Land Acquisition Officers in relation to the land acquisition cases.
Analysis
- The Reference Court did not commit an error in relying on the price fixed for the allotment of land for the public purpose of Spreading Canal of Sujalam Safalam.
- However, the error was made by the Reference Court in not considering the valuation made on 20.05.2004 and not deducting the appropriate amount for the land allotted for non-agricultural purpose in the present case.
- Original claimants are entitled to additional compensation as the Valuation Committee fixed the valuation before the Section 4 notification was published.
- The Reference Court wrongly made a 40% deduction based on a previous case which was situated in the outskirts of the city, while the present land is in the developed city center and requires a lesser deduction of 20%.
- The Compensation to be awarded should be based on the valuation report dated 20.05.2004 as directed by the Hon’ble Supreme Court and the principles governing the determination of market value for acquired lands.
- The land acquired is a small plot situated in the center of the city.
- The original claimants are entitled to a 20% deduction instead of 40% deduction.
Decision
- The impugned award is modified to enhance the compensation to Rs. 456/- per sq. mtrs for the acquired lands.
- The enhanced compensation must be deposited with the Nazir of the concerned Court within eight weeks of receiving this order.
- Upon deposit, the amount is to be disbursed to respective claimants after verification of their identity via account payee cheque.
- The total compensation includes all statutory benefits and interest, adjusted for amounts already received by claimants.
- The appeals and cross-objections are allowed to the extent mentioned above.
- The subsequent decision in First Appeal No 671 of 2019 follows the above decision.
- The Civil application is allowed based on the valuation report dated 20.05.2004, with statutory benefits accruing at the rate prescribed under Section 28 of the Act.
Case Title: SPECIAL LAND ACQUISITION OFFICER (DY. COLLECTOR) Vs. PATEL GORDHANBHAI RAMABHAI
Case Number: R/FA/2612/2016
