Pradyumna Mukund Kokil VS Nashik Municipal Corporation
(A) Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act (30 of 2013) , S.26— Acquisition of land – Compensation – Market value – Determination – Under the Act of 2013, method for arriving at the market value has been prescribed in Section 26(1)(b) read with Explanations 1 and 2 – Reference Court had relied on six registered sale transactions of lands situated in the vicinity of the acquired land and pertaining to the same period as the acquisition – Said sale transactions were not disputed – Exemplar sale deeds were of lands similarly situated, abutting the same approach road and possessing comparable potentiality for development – Reasonable adjustments were made keeping in view size of plots, their situation and the time-gap between sale instances and notification under Section 11 – Reference Court had properly applied methodology prescribed u/S. 26 of the Act of 2013 for determining market value with reference to the exemplar sale deeds and enhanced the compensation – High Court had erred in setting aside enhancement made in conformity with statutory provision.
2023 AIR CC 2659 (Bom)-Partly Reversed(Paras24252627)
(B) Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act (30 of 2013) , S.27, S.28— Rental compensation – Unauthorised occupation of land – Original Owner had not been deprived of possession or usage of the property all through – Documents on record showed that property had not been in exclusive possession of the Respondent Municipal Corporation – Actual physical possession of property prior to sale to the appellant was with original owner who had mortgaged it for obtaining loans and was involved in SARFAESI proceedings – It is settled law that grant of rental compensation is confined to cases involving unlawful and unauthorized occupation – Appellant’s claim for rental compensation for the period prior to the purchase date 29.07.2011, was untenable – Appellant had purchased land after having been assured of the ownership in the light of the judicial orders and paid Rs.17,00,000/- for the land – Appellant would be entitled to compensation in the form of interest at the rate of 8% per annum on the said amount from 29. 07.2011 till date of signing receipt for compensation.
