In a significant ruling by the Gujarat High Court, a dispute over land acquisition involving the State and the original claimants was addressed. The Court modified the compensation awarded by the Land Acquisition Officers following the State’s appeal. This decision has implications on how compensation is determined for land acquired for public purposes. Stay updated with the details of this case between the State and the original claimants.
Facts
- The State has filed appeals challenging the awards of the Land Acquisition Officers.
- The awards were issued on different dates.
- The specific part (FAC) of the judgment is being summarized.
- Original names of the parties are to be used instead of generic terms like Respondent No 1 or Petitioner No 1.
Analysis
- Reference Court did not err in relying on the price fixed for allotment of land for the public purpose of Spreading Canal of Sujalam Safalam.
- Error was committed by Reference Court in not considering the valuation made on 20.05.2004 and deductions for non-agricultural purposes.
- Original claimants argued for additional compensation due to valuation before notification under Section 4 of the Act.
- Reference Court deducted 40% amount from valuation report based on a previous case, but it should have been 20% due to the location and development status of the acquired land.
- Problem arose as Reference Court relied on interim report awarding enhanced compensation at Rs.510/- per sq. mtr.
- Valuation Committee’s report dated 20.05.2004 should be the basis for compensation according to a co-ordinate bench decision.
- Principles for determining market value of acquired lands include expert opinions, prices in similar transactions, and potential profits of the land.
- Valuation Committee’s report can be a valid basis for Reference Court, subject to any changes in land nature or characteristics.
- The land acquired is a small plot located in the city center.
- The original claimants are entitled to a 20% deduction instead of 40% deduction.
Decision
- The impugned award is modified accordingly.
- Enhanced compensation to be deposited with the Nazir of concerned Court within eight weeks.
- Disbursement of compensation to respective claimants upon deposit and verification of identity.
- Total compensation set at Rs.456/- per sq. mtrs for acquired lands after adjustments.
- Decision in line with earlier appeals and cross objections allowed.
- Followed in subsequent decision of First Appeal No 671 of 2019.
- Civil application allowed as per valuation report dated 20.05.2004.
- Accrual of statutory benefits at the rate prescribed under Section 28 of the Act.
Case Title: SPECIAL LAND ACQUISITION OFFICER (DY. COLLECTOR) Vs. HEIRS OF DECD. PATEL ANADIBEN MANSUNGBHAI GANESHBHAI
Case Number: R/FA/2609/2016
