Determination of Market Value and Annual Escalation for Agricultural Lands Acquired for Submergence.
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Case: THE ACQUIRING BODY,M.K.V.D.C.,NIRA DEOGHAR IRRIGATION PROJECT THR.S.D.O./EXECUTIVE ENGINEER, PUNE v. SUDHIR SHANKAR ALIAS DINKAR SANE AND ORS.
Court: Bombay High Court
Date: 10-07-2026
Law: Land Acquisition Act.
Highlights of the Judgment:
- An analysis of the nature of Section 18 proceedings as original rather than appellate in land acquisition matters.
- Application of the burden of proof regarding the inadequacy of compensation awarded by the Land Acquisition Officer.
- Criteria for determining the comparability of lands across different villages based on geographical features and agricultural quality.
- Evidentiary weight of previous judicial determinations involving neighboring lands acquired for the same public project.
- Legal standards for granting annual escalation to account for the time gap between different Section 4 notifications.
- Judicial commentary on the necessity of development deductions for lands acquired specifically for submergence.
- Interpretation of limitation periods for reference applications following the service of notice under Section 12(2).