Headline Court Revises Compensation for Acquired Land in Village Chhalera Bangar. Enhanced Compensation Reflects Fair and Balanced Estimation Based on Land Potential and Market Conditions

Case Note & Summary

The compensation for land acquired in Village Chhalera Bangar for industrial development. The court analyzed various factors such as the characteristics of the land, future potentiality, and market sentiment. After considering a sale deed as a reference and applying deductions, the compensation was estimated at INR 201 per sq. yd. However, the court revised this to INR 403 per sq. yd. based on a balanced and reasoned estimation. The decision also addressed the maintainability of miscellaneous applications and the applicability of Section 28A of the Land Acquisition Act, 1894. The court emphasized ensuring fair and equitable compensation for all landowners and invoked Article 142 of the Constitution to enhance the compensation rate uniformly.

Analysis of Compensation Based on Guesstimation i. Characteristics of the Land: Land intended for planned industrial development Proximity to developed areas and national landmarks Largely undeveloped agricultural land requiring significant infrastructure investment ii. Future Potentiality: Location amidst developed areas and near critical infrastructure Substantial future potential requiring development iii. Market Sentiment: Economic reforms in early 1990s India led to market optimism Anticipation of industrial and commercial development in the National Capital Region Calculation of Compensation Sale deed dated 22.02.1989 valued a smaller plot at INR 446 per sq. yd. Applied 55% deduction for larger, undeveloped land Estimated value: INR 201 per sq. yd. (446 * 0.45) Final Determination Compensation determined at INR 201 per sq. yd. Fair and balanced estimation considering all relevant factors Conclusion Compensation fixed at INR 201 per sq. yd. for land in Village Chhalera Bangar Interest to be paid as per the Land Acquisition Act, 1894 Maintainability of the Miscellaneous Applications Arguments and Judgement: Miscellaneous applications sought parity with Bir Singh (supra) compensation Court deemed it unfair to deny just compensation due to external factors Invoked Article 142 to enhance compensation for justice Applicability of Section 28A of the 1894 Act Section 28A ensures non-discrimination in compensation Court did not delve deeply into Section 28A due to procedural non-compliance and independent revision of compensation rate Conclusion Three sets of cases: landowners' appeals, NOIDA's appeals, miscellaneous applications Compensation enhanced to INR 403 per sq. yd. Appeals and miscellaneous applications disposed of in aforementioned terms Directions: Enhanced compensation to be deposited with the Reference Court within eight weeks Disbursement to claimants at the earliest