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Land acquisition: Court orders higher compensation for Maloya farmers
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Land acquisition: Court orders higher compensation for Maloya farmers

A local court has enhanced compensation for Maloya farmers in lieu of fruit and non-fruit trees on their land that was acquired in 2006 by the Chandigarh administration for rehabilitation of slum dwellers.

The court approved the order in a lawsuit filed by three farmers who challenged the ruling made by the administration in 2017.

It was ruled that farmers are entitled to a 49 percent increase in valuation for fruit trees and double that for non-fruit trees.

The farmers said that their land was acquired as per the Chandigarh Administration notification dated September 27, 2006, under Section 4 of the Land Acquisition Act, 1894. The land along with fruit and non-fruit trees was acquired. They allege that the compensation set by the administration is lower. The defendant administration has not correctly evaluated the market value of the plaintiffs’ fruit and non-fruit trees.

At the time of carrying out the evaluation, no information was sent to the petitioners. The assessment of the trees has not been done according to the age and size of the trees. The evaluation has not been carried out on the basis of a formula not reviewed to date. The valuation of the fruit trees has not been carried out correctly based on the price index taking into account the year of acquisition of the land. they stated.

On the other hand, the administration justified the formula when evaluating the award.

After hearing the arguments, the court, relying on various rulings of the high courts, said that the plaintiffs who had non-fruit trees and had not benefited from any cultivation of the same would be entitled to double the amount assessed by the officials of the defendant.

Regarding fruit trees, farmers are entitled to higher compensation taking into account the increase in the price index.

In view of this, farmers are entitled to obtain a 49% increase in the valuation of fruit trees according to the defendant’s assessment, while for the compensation amount corresponding to non-fruit trees, they are entitled to double the amount. of compensation. as awarded in the prize. Farmers are also entitled to all benefits established by law.

The court said the petitioners were directed to submit their respective bank account numbers at the Land office. The Collector of Acquisitions and the office of the Collector of Land Acquisitions are directed to deposit the amount of the claimants in their respective accounts.