Land purchase: court orders higher compensation for Maloya farmers

A local court has increased compensation to farmers of Maloya in lieu of fruit-bearing and non-fruit-bearing trees on their land acquired by the Chandigarh government in 2006 for the rehabilitation of slum dwellers.

The court passed the order in a lawsuit filed by three farmers challenging the government’s ruling in 2017.

It ruled that the farmers are entitled to a 49 percent increase in the valuation of the fruit-bearing trees and a doubling of the amount in the case of non-fruit-bearing 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 was acquired along with the fruit-bearing and non-fruit-bearing trees. They claimed that the compensation set by the administration was on the low side. The defendant administration did not correctly estimate the market value of plaintiffs’ fruit-bearing and non-fruit-bearing trees.

No information was sent to submitters at the time the assessment was made. The assessment of trees is not based on the age and size of the trees. The assessment was not made based on a formula that has not been revised to date. The assessment of the fruit-bearing trees was not carried out correctly based on the price index taking into account the year in which the land was acquired. they claimed.

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

After hearing the arguments, the bench, relying on several judgments of high courts, said that the plaintiffs who had non-fruit-bearing trees and had not derived any benefit from their harvest would be entitled to double the amount due by the officials of the court had been established. respondent.

As for fruit-bearing trees, farmers are entitled to higher compensation, taking into account the increase in the price index.

In view of this, the farmers are entitled to an increase in the valuation of the fruit-bearing trees by 49% as assessed by the respondent, while for the compensation amount in respect of non-fruit-bearing trees, they are entitled to double the compensation amount. as given in the reward. The farmers are also entitled to all statutory benefits as per statutory provisions.

The court said the petitioners were directed to submit their respective bank account numbers to Land’s office. The Acquisition Collector and the office of the Land Acquisition Collector are directed to deposit the amount of the claimants into their respective accounts.