Land Acquisition Act, 1894, Section 28A -- Scope - Provision gives a chance to the land owner, who may not have applied u/s 18 of the Act for determination of market value by Court to seek re-determination of the amount of compensation, if any other similarly situated land owner succeeds in persuading the Reference Court to fix higher market value of the acquired land...........
Land Acquisition Act, 1894, Section 28A -- Provision is aimed at removing inequality in the payment of compensation in lieu of acquisition of land under the same notification...........
Land Acquisition Act, 1894, Section 28A(3) -- A person who is not satisfied with an award made u/s 28A(2) can make an application to the Collector u/s 28A(3) for making a reference to the Court - This right cannot be frustrated merely because as a result of re-determination made u/s 28A(2) read with Section 28A(1) the applicant becomes entitled to receive compensation at..........
Land Acquisition Act, 1894, Section 28A(3) -- Mere long pendency of application u/s 28-A(3) of the Act not a ground to deprive the appellant of his legitimate right to seek further enhancement in the amount of compensation...........
Land Acquisition Act, 1894, Section 18, 28A -- Land acquisition - Market value enhanced by reference court - Appellant who had not invoked S.18 of the Act filed application u/s 28A(1) for payment of enhanced compensation at par with other land owners, at whose instance reference was made by the Collector - Application allowed - On the same day appellant also filed..........
Land Acquisition Act, 1894, Section 28A -- Mere long pendency of application u/s 28A(3) of the Act not a ground to deprive a person of his right to seek further enhancement in the amount of compensation...........
Land Acquisition Act, 1894, Section 4, 6 -- Acquisition of land by Govt. for public purpose - As per Govt. policy, all joint owners of any one Khata entitled to only one plot as a rehabilitation measure - Held, policy making restrictions of allotment of one plot to a joint Khata holder is arbitrary, irrational, having no reasonable nexus with objective intended to be..........
Land Acquisition Act, 1894, Section 23 -- Land acquisition - Compensation - Market value - Development charges - Can range between 20 to 75 percent - However, deduction should be appropriate deduction befitting the situation, location and nature of the land - If the land is already developed and could be used as a commercial/residential plot, deduction should be on the..........
Land Acquisition Act, 1894, Section 23, 23(1), 28, 34, 54 -- Land acquisition - Compensation - Enhancement of compensation without any supporting reasons and ignoring relevant evidence cannot be said to be legal and valid - Such course is impermissible in view of clear evidence relied upon and exhibited by claimants i.e. sale deeds executed in proximity to the date of..........
Agreement to sell -- Date for execution of sale deed extended - Agreement frustrated on account of acquisition of land for which neither plaintiff nor defendant can be held guilty of breach of contract - Defendant already received more than ten times of the sale consideration stipulated in the agreement - Held, on principal of equity, justice and good conscious plaintiff..........
