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Speedy Disposal of Cases - Small Land Holdings - Compulsive Acquisition 2010 Sc

Speedy Disposal of Cases - Small Land Holdings - Compulsive Acquisition 2010 Sc

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JUSTICE R.V. RAVEENDRAN and JUSTICE SWATANTER KUMAR
JUSTICE R.V. RAVEENDRAN and JUSTICE SWATANTER KUMAR

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10/03/2013

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the sale instances of the villages falling within the same Circle as well

as on the basis of the guidance value maintained in the Register of the

Sub-Registrar of the concerned villages. From the Report, it is evident

that both these villages Sanaba and Pandavapura are located in the

same Circle and are practically part of the larger revenue estate. It was

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not in dispute before us that primarily all these lands were being used

for cultivating mulberry crop which is the sole agricultural activity.

The court has to keep in mind a very pertinent equitable principle while

awarding compensation, i.e the court should grant just and fair market

value of the land at the time of the acquisition while ensuring that there

is no undue enrichment. These are compulsive acquisitions but the

guiding factor for the court is sale instances of a willing seller and a

willing purchaser while determining the compensation payable. To

award fair compensation is the obligation of the State and depending on

the facts and circumstances of the case, the courts may enhance the

compensation within the framework of law. The sale instances referred

to by the Collector in his report are from the same villages or nearby

villages or adjacent villages which are a part of the same Circle and

where the land can easily said to be comparable as the entire chunk of

the land was being used for raising mulberry crop and was acquired for

common purpose, that is, the lands were submerged in the water

coming from the Hemavathi Dam.

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