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Compensation Analysis for Requisitioned Land

The claimant is entitled to compensation based on Bagayat and Jirarat land for a survey number with a well. The amount received from Military authorities is insufficient compared to the market value at the time of requisition in 1943. The claimant has been undercompensated, as the compensation does not reflect the significant price increase over the ten years before the notification in 1953.

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sagar bhandari
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6 views1 page

Compensation Analysis for Requisitioned Land

The claimant is entitled to compensation based on Bagayat and Jirarat land for a survey number with a well. The amount received from Military authorities is insufficient compared to the market value at the time of requisition in 1943. The claimant has been undercompensated, as the compensation does not reflect the significant price increase over the ten years before the notification in 1953.

Uploaded by

sagar bhandari
Copyright
© All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as TXT, PDF, TXT or read online on Scribd

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In my opinion, having regard to the fact that there is a wellin this survey number,
the claimant was entitled to compensation at least for a substantial portion of
this survey number on the basis of Bagayat land and for the remaining portion on
the basis of Jirarat land. In my opinion, the claimant has been paid much less than
what he should have normally been paid if proper principles ar applied for
determination of the amount of compensation to be awarded to the claimant.
Reliance, is, however, placed by Mr. Rane on the amount of compensation that was
received by the claimant from the Military authorities in view of the requisition
of this survey number. The claimant has stated that he received a sum of Rs. 96/-
annually from the Military authorities as compensation in respect of his ball share
in this survey number. Ordinarily a rental basis, if it is fair and reasonable, can
be a safe guide for determining the compensation to be awarded to the claimant.
However, in the present case, the survey number was requisition in or about the
year 1943 and was in possession of the Military authorities for a period of about
10 years prior to the date of the publication of the Notifica - tion under Sec. 4.
The compensation is, therefore, determined havi regard to the market value of this
property in the year 194 1943 when it was requisitioned. The Notification under
Sec. 4 is publ ed in April 1953, 1.e. ten years after the date when the order c
requisition was passed. Prices had substantially increased in t period of 10 years
and it will be improper to rely upon the compensation that was received by the
claimant from the Milit authorities in view of the requisition of his share in the
la In my opinion, the claimant has been paid much less than what he should have
been paid. There is no ground made out by n OnePlus hive di

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