Acquired open land must be compensated at the rate awarded for comparable lands in the same project.

The appellant’s land was acquired for the “Bhakaharvad Punah Prabharan Yojna” following notifications under Sections 4 and 6 of the Land Acquisition Act, 1894, published on 10 March 2005 and 15 September 2005; the award under Section 11 was made on 28 November 2007.

Of the acquired area, 74.34 sq. m. was constructed land and 228.61 sq. m. was open land.

The Reference Court awarded compensation of Rs. 2,604 per sq. m. for the constructed area but none for the open land.

The claimant appealed, relying on an award in Land Reference Case No. 191 of 2008 and allied matters, concerning land in the same village acquired for the same project, which allowed Rs. 154 per sq. m. for open land; the State had not challenged that award.

The appeal had been delayed by 2,717 days, and the order condoning delay provided that no interest would be payable on enhanced compensation for the delay period.

Whether the claimant was entitled to compensation for the acquired open land, and, if so, at what rate.

Whether interest was payable on the enhanced compensation for the 2,717-day period of delay in filing the appeal.

The Court considered the Land Acquisition Act, 1894, including Sections 4, 6, 11 and 18, which govern acquisition notifications, the Collector’s award and a claimant’s reference against that award.

In assessing compensation for the open land, it relied on the Reference Court’s accepted award in Land Reference Case No. 191 of 2008 and allied matters for land in the same village acquired for the same project, where open land was valued at Rs. 154 per sq. m.; the State identified no different circumstances warranting another valuation.

The order condoning the appeal delay barred interest on enhanced compensation for the 2,717-day delay period.

The Reference Court had awarded no compensation for the open land, although the claimant established that 228.61 sq. m. of open land had been acquired.

The State did not dispute the acquired area or the relevance of the earlier award for open land acquired in the same village for the same project, and accepted that the earlier award had not been challenged.

Finding no basis for applying a different valuation, the Court adopted the rate of Rs. 154 per sq. m.

It nevertheless excluded interest for the 2,717-day delay in filing the appeal, consistently with the order condoning that delay.

The authorities were directed to deposit the additional compensation and statutory benefits within eight weeks; the Reference Court was directed to disburse the amount in accordance with the settled procedure, after deducting court fees, if any.