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The 1st defendant did not follow the mandatory procedures for land acquisition, including issuing proper notice and conducting a valid valuation. The acquisition and valuation exercise were tainted by irregularities, rendering the process null and void. Without proper procedure, compensation cannot be deemed lawful or fair.
Source excerpt
The court found that the defendant's valuation process violated statutory requirements regarding sensitization and notification, and that compensation must be based on all items recorded in Form No. 3 as there was no valid cutoff date. Plaintiffs are entitled to compensation for all recorded improvements, statutory allowances for occupied houses, disturbance allowance, and general damages, but not for loss of profit or resettlement, as these were not proven or pleaded.
Source excerpt
High Court land case on compulsory acquisition compensation, holding the acquisition lawful but awarding additional compensation, interest, and general damages.
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