In a recent decision, the High Court at Bombay, Nagpur Bench, ruled in favor of Mohan and Santosh Jaiswal, granting them more money for their land taken by the Amravati Municipal Corporation for a sewage treatment plant.
The Jaiswal brothers, Mohan and Santosh, owned a piece of land in Amravati that was taken by the municipal corporation. At first, they were given money based on farmland prices, but they argued that their land should be worth more because it could be used for homes.
The Deputy Director of Town Planning, Amravati, challenged the earlier court's decision. The earlier court had given the Jaiswals Rs. 5 lakh, which they said was not enough considering the land's possible worth.
"The land was valued at Rs. 20 lakh, but due to financial constraints, we restricted our claim to Rs. 5 lakh," the Jaiswals stated.
Judge Pravin S. Patil was in charge of the case. The court looked into whether the Jaiswals should get more money even though they didn't ask for it. It was noted that the land had the potential to be used for homes since it was centrally located in Amravati.
The court looked at past cases, including one called Bhag Singh vs. Union Territory of Chandigarh, which stressed paying a fair amount based on what the land is actually worth, not just what was asked for.
"The law ensures fair compensation, and technicalities should not hinder justice," the court noted, citing past judgments.
The court decided that the Jaiswals should get Rs. 6,92,000 instead of the Rs. 5 lakh they were first given, along with all legal benefits. This decision was based on the real value of the land and its potential use.
The appeal also questioned the 30% cut for development costs. However, the court agreed with this cut, noting the land's specific use for a sewage treatment plant.
The court ordered the municipal corporation to pay the increased amount within three months. This was a big win for the Jaiswals and could influence similar cases in the future.
