LI Network
Published on: 19 August 2023 at 17:12 IST
The Supreme Court has upheld the order of the Reference Court, restoring higher compensation for landowners in Village Nimeta, whose lands were acquired for the Vadodara Branch Canal of the Narmada Project.
The Court stressed the principle of social and economic justice for all citizens and underscored the need for equal treatment of all affected landowners.
The bench, composed of Justice Bela M. Trivedi and Justice Dipankar Datta, highlighted that fairness demands that appellants should not be at a disadvantage compared to other affected landowners, particularly those in Village Morlipura.
The Court stated, “In a welfare state like ours where we have promised all the citizens social and economic justice, it would be fair and just if the appellants are meted equal treatment as the other affected landowners.”
Advocate Purvish Jitendra Malkan represented the Appellant, while Advocate Deepanwita Priyanka appeared for the Respondent.
The case revolved around landowners whose lands were acquired for the Vadodara Branch Canal of the Narmada Project under section 54 of the Land Acquisition Act, 1894.
The compensation awarded by the Land Acquisition Officer (LAO) was challenged by the landowners, who sought higher compensation.
The Reference Court had initially awarded increased compensation, which was later reduced by the High Court.
The Supreme Court identified errors in the compensation calculation, citing the use of outdated rates and reliance on values from a different village.
The Court emphasized that previous acquisitions of 1981 could not be used as a basis for determining compensation in 1986. The Court also pointed out the need for just compensation and referred to a 2017 Reference Case where higher compensation had been awarded.
The State presented records indicating the disbursement of revised compensation rates as per the 2017 Reference Case. It was confirmed that the additional awarded amount had been deposited in court.
