Compromise-based market value for Narmada Project land acquisition applied parity to adjacent village lands.

The claimants’ lands situated at Village Sama, Vadodara, were acquired by the State for the public purpose of constructing a low-level canal for the Narmada Project

The Section 4 Notification was issued on 01.11.1979, followed by a Section 6 Notification on 19.07.1982

While claimants sought compensation at Rs. 4,00,000/- per hectare, the Special Land Acquisition Officer awarded between Rs. 32,000/- to Rs. 35,000/- per hectare via an award dated 22.09.1986

On reference under Section 18 of the Land Acquisition Act, the Reference Court (6th Additional Senior Civil Judge, Vadodara) enhanced the compensation to Rs. 50,000/- per hectare (Rs. 5/- per sq. mtr.)

Aggrieved by this perceived inadequacy, the claimants preferred these First Appeals

Whether the compensation awarded by the Reference Court at the rate of Rs. 5/- per sq. mtr. was just and reasonable or required enhancement based on comparable sale instances and expert committee recommendations

The Court primarily applied Section 18 and Section 54 of the Land Acquisition Act, 1894, which govern the reference to court and appeals in proceedings for determination of market value

The Court also relied upon the parity principle in land acquisition, specifically considering the recommendations of the Expert Committee headed by Justice D. K. Trivedi (former Judge, High Court of Gujarat) constituted to ensure uniform and fair compensation for lands acquired under the Narmada Yojana

The Court examined the claimants' reliance on the minutes of the Expert Committee meeting dated 05.01.2014 and a comparative instance from the adjacent Village Harni

In the Harni case (Land Reference Case Nos. 322 to 329 of 1990), a compromise market price of Rs. 33.50/- per sq. mtr. was accepted by the State and Sardar Sarovar Nigam Limited for land acquired during the same period and for the same purpose

Although the respondents argued that Village Sama and Village Harni possessed different geographical potential, the Court noted that both areas lie on the periphery of Vadodara City and were acquired for the same Narmada Canal extension

Following the Expert Committee’s logic for Narmada Project acquisitions, the Court found it equitable to grant parity in compensation

The Court held that the appellants are entitled to this rate along with all statutory benefits and interest as previously awarded by the trial court

The State was directed to deposit the enhanced amount within 16 weeks, and the trial court was instructed to disburse the funds after verifying identities and deducting applicable court fees

Notably, the Court clarified that interest would not be granted for any period of delay in cases where the appeal was filed late and the delay was subsequently condoned