In a significant decision by the Gujarat High Court, the Land Acquisition Valuation Case has been resolved in favor of the original claimants. The judgement provides for enhanced compensation and statutory benefits to be awarded to the claimants. This ruling marks a significant outcome in the legal battle over the valuation of acquired land.
Arguments
- Appeal and connected cross objection filed challenging the judgement and award passed by the Additional Senior Civil Judge, Deesa in land reference cases.
- Learned advocate representing the claimants stated the appeals and…
Analysis
- The original claimants are entitled to 20% deduction instead of 40% deduction as determined by the Reference Court.
- The Valuation Committee fixed the valuation of the government land before the notification under Section 4 of the Act was published, entitling the claimants to additional compensation.
- The acquired land is located within the center of the city and is a small plot, justifying the reduction in deduction from 40% to 20%.
- The principles governing the determination of market value of acquired lands were considered, including expert opinions, prices paid in transactions, and prospective profits.
- The valuation made by the Valuation Committee served as a valid basis for determining compensation.
- The surrounding well-developed area of the acquired land indicates that the government may not need to spend for additional development, leading to a higher basic price value and necessitating a 20% deduction instead of 40%.
- The market value of the acquired land was determined at Rs.8.50 per square meter by the Land Acquisition Officer.
- The Reference Court correctly evaluated the report of the Valuation Committee but applied a 40% deduction based on a previous judgement, which has been reconsidered for a reduced deduction in this case.
Decision
- Statutory benefits accrued will be as per the rate prescribed in Section 28 of the Act.
- The appeal and cross objection are governed by the judgement and order dated 15.02.2024.
- Enhanced compensation to be deposited with the Nazir of the concerned Court within 8 weeks and disbursed to claimants upon verification.
- Original claimants entitled to additional compensation at Rs.114/- per Sq.Mtr, totaling Rs.456/-, instead of the previously awarded Rs.333.50.
- Decree to be drawn accordingly.
- Connected applications disposed of.
- First Appeals filed by the State of Gujarat are dismissed.
- Modified compensation of Rs.456/- per square meter awarded to original claimants along with statutory benefits and interest.
- Cross objection allowed as per the order dated 15.02.2024.
Case Title: LAND ACQUISITION AND REHABILITATION OFFICER Vs. RABARI NAGJI KALA
Case Number: R/FA/4829/2018
