Enhancement of Compensation and Valuation Principles for Requisitioned Land under the Land Acquisition Act.
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Case: THE SPL LAND ACQN OFFICER v. SMT SHAMAIDA WD/O MOHOMEDABDUL HASSIA and ORS
Court: Bombay High Court
Date: 23-06-2026
Law: Land Acquisition Act.
Highlights of the Judgment:
- Examination of the burden of proof on claimants to establish the inadequacy of compensation in a Section 18 reference.
- Analysis of the "comparable sales method" and the foundational requirements for adopting sale instances as valuation benchmarks.
- Application of the "plus and minus factors" doctrine for determining market value in urban land acquisition.
- Judicial interpretation of the impact of long-term military requisition on the development potential and marketability of land.
- Clarification on the Reference Court's jurisdiction regarding land areas excluded from the original acquisition award.
- Assessment of the evidentiary value of testimony provided by witnesses lacking personal knowledge of the relevant period.
- Determination of statutory entitlements including solatium, interest, and additional components under the Land Acquisition Act.