AVINASH DHAVAJI NAIK versus STATE OF MAHARASHTRA

AVINASH DHAVAJI NAIK versus STATE OF MAHARASHTRA

In absence of sale instances, with agricultural character and lack of development, compensation for large tract acquired should be determined using the belting method; Rs.10/- per sq.m. is appropriate, considering both potentiality and developed case law guidelines.

Parties
Appellant: Avinash Dhavaji Naik; Respondent: State of Maharashtra
Jurisdiction
India
Judgment Date
15 April 2009
Procedural Posture
Civil Appeal / Appeal Judgment
Outcome
Appeals partly allowed
Legal Topics
Compensation Computation, Belting Method, Market Value Assessment
Land Acquisition Compensation Computation Belting Method Market Value Assessment

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Parties

Avinash Dhavaji Naik

Appellant

State of Maharashtra

Respondent

Procedural Posture

Civil Appeal / Appeal Judgment

Legal Issues

  1. 1 What is the appropriate compensation for land acquired under the Land Acquisition Act, 1894, considering absence of sale instances and agricultural nature?
  2. 2 Whether belting method and expert valuation evidence should be accepted in determining compensation?

Ratio Decidendi

In absence of sale instances, with agricultural character and lack of development, compensation for large tract acquired should be determined using the belting method; Rs.10/- per sq.m. is appropriate, considering both potentiality and developed case law guidelines.

Court Disposition

Appeals partly allowed

Orders

  • Compensation fixed at Rs.10/- per sq.m. for lands acquired under the Land Acquisition Act, 1894
  • No order as to costs