Case Note & Summary
The High Court addressed the issue of compensation for land acquired under the Land Acquisition Act, 1894. The court observed that the Special Land Acquisition Officer incorrectly used the notification date from 2009 as the reference date for calculating compensation, instead of January 1, 2014, which is the commencement date of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Act of 2013). The court emphasized that the provisions of the 2013 Act must apply, as no award was made before its enforcement. 1. Background of the Case
Petitioners' lands were acquired, with notifications issued in 2009 under the Land Acquisition Act, 1894. However, the award was delayed and was not made until March 22, 2016.
2. Petitioners' ArgumentThe petitioners argued that the compensation should be calculated based on the market value as of January 1, 2014, under the 2013 Act, as the award was made after the Act came into force.
3. Clarification from Government of IndiaThe Government of India clarified that the reference date for market value under Section 24(1)(a) of the 2013 Act should be January 1, 2014, ensuring enhanced compensation.
4. Court's ObservationThe court noted that the use of the 2009 notification date by the Special Land Acquisition Officer was incorrect and that compensation should be recalculated based on the 2013 Act's provisions.
5. Court's DecisionThe court quashed the award dated March 22, 2016, and directed the Competent Authority to issue a fresh award using January 1, 2014, as the reference date. The new award must be declared and compensation paid within three months.
6. ConclusionThe writ petition was partly allowed, with the court ensuring that the petitioners receive compensation in accordance with the enhanced provisions of the 2013 Act.
Issue of Consideration: Bhagwat Tukaram Shelke & Others VERSUS The State of Maharashtra & Others
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