9911796707
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Issues:
1. Determination of market value of acquired lands under the Land Acquisition Act. 2. Consideration of market value post-disaster and impact on land value. 3. Evaluation of Tahsildar's report and Revenue Inspector's valuation for determining market value. 4. Compensation for the period of occupation by the Public Works Department Officer prior to the award. 5. Applicability of interest as compensation in cases of urgent possession under Sections 16 and 17 of the Act. 6. Interpretation of Section 34 of the Act regarding the payment of interest on compensation. Analysis: 1. The judgment involves a dispute over the market value of lands acquired under the Land Acquisition Act. The lands were acquired for constructing a new bund after the old flood bank was washed away in 1924. The notification for acquisition was issued in 1925, and various valuations were presented by the claimants, Acquisition Officer, and the Court. 2. The Court considered the impact of a prior flood disaster on the market value of the lands. Despite evidence of sales at higher rates before the disaster, the Court acknowledged the diminished market value post-disaster. This led to a careful assessment of the market value by factoring in the impact of the flood on land prices. 3. The evaluation of the Tahsildar's report and the Revenue Inspector's valuation played a crucial role in determining the market value of the acquired lands. While the Tahsildar recommended a higher price, the Court considered the Revenue Inspector's valuation of &8377; 15 as a more accurate reflection of the market value post-disaster. 4. A significant issue addressed was the compensation for the period of occupation by the Public Works Department Officer prior to the award. The judgment examined the provisions of Sections 16 and 17 of the Act concerning urgent possession and compensation for such cases, highlighting the importance of compensating for damages caused by sudden dispossession. 5. The judgment referenced a precedent to support the award of interest as compensation in cases of urgent possession. The application of interest as compensation was deemed appropriate in situations where possession was taken before the award, aligning with principles established in previous cases. 6. Lastly, the interpretation of Section 34 of the Act regarding the payment of interest on compensation was discussed. The Court upheld the lower Court's decision to award 6% interest from the date of possession by the Government Officer, emphasizing the importance of timely compensation in land acquisition cases. In conclusion, the judgment adjusted the compensation rate for the acquired lands, reduced from &8377; 16 to &8377; 15 per cent, and addressed the payment of costs by the Government based on the appeals and memoranda of objections filed in the case.
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