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| High Court upholds appeal, emphasizes commercial potential in land acquisition | | | Early Times Report
JAMMU, Apr 6: In a significant ruling, Justice Sanjeev Kumar of the Jammu & Kashmir and Ladakh High Court delivered a judgment emphasizing the commercial potential of acquired land while deciding an appeal related to land acquisition.
The judgment pertained to a petition filed by Paras Ram & others challenging the judgment/award passed by the District Judge, Jammu, regarding the market rate of acquired land in village Satwari. Justice Sanjeev Kumar observed that the Reference Court had failed to consider the commercial potential of the land and instead relied on conjectures and guesswork to determine its market value.
During the proceedings, Advocate GS Thakur represented the appellants, while Senior AAG Monika Kohli appeared for the Union Territory. Advocate Inderjeet Gupta, along with Advocate Yatin Mahajan, represented the Airport Authority of India.
Justice Sanjeev Kumar noted that there was a significant gap of nine years between the acquisition and the determination of the market rate. Considering the urban location of the land and its high commercial potential, especially with the presence of an airport nearby, the Court concluded that an enhancement of the market rate by 12% with cumulative effect would be just and fair compensation.
The Court acknowledged the steep upward trend in land prices in the vicinity and modified the award passed by the Reference Court accordingly. The market value of the acquired land was fixed at Rs.2,48,466/- per kanal, along with solatium at 15% and interest at 6% per annum from the date of possession until payment. The respondents were directed to complete the disbursement of the enhanced amount within two months.
This ruling underscores the importance of considering the commercial potential and special factors associated with acquired land in determining just compensation, ensuring fairness and equity in land acquisition proceedings. |
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