Land Acquisition Act, 1894, Section 23 -- Value of land - Has to be fixed on the basis of concrete evidence - Cannot be totally founded upon guess-work - Persons who come to Court with a claim that land has potential for development - Must adduce evidence which may indicate reasonable market value...........
Land Acquisition Act, Section 5 -- A - Hearing with regard to objections - Objections filed through counsel - Hearing given to counsel - No affidavit of counsel that he was not heard - Requirement of hearing for purpose of enquiry under Section 5 - A fully complied with...........
Land Acquisition Act, Section 4,5 -- A and 6 - Objection that no authorisation can be made by Government to take further necessary action for decision of case - Not tenable - Government may direct concerned official to take necessary action in the matter and decide objections on its behalf...........
Constitution of India, 1950, Article 226 -- Fresh writ petition filed challenging acquisition after dismissal of earlier writ petition by another land holder - No mention of earlier writ petition - Conduct of petitioner - Tantamounts to abuse of process of Court...........
Land Acquisition Act, Section 5 -- A - Personal hearing and disposal of objections - Two different things...........
Land Acquisition Act, 1894, Section 4, 6, 48 -- Land Acquisition (Company) Rules, 1963, Rr.3 & 4 - Acquisition for company - High Court set aside the acquisition on the ground that Rr.3 & 4 were not complied with and that actual physical possession of acquired land was not handed over to the Company and further held that the power of State Govt. to withdraw from..........
Land Acquisition Act, Section 4 -- Proper and sufficient publication of notification - No material to show that publication in the locality by way of Munadi and affixation improper or insufficient - Entry in Rapat Roznamcha - Can be challenged by proper evidence - Absence of any material on record - Not appropriate to reject entry in Rapat Roznamcha as false...........
Land Acquisition Act, Section 17(2),4 -- Change of purpose of acquisition - Plea that notification issued under Section 4 for setting up urban estate whereas notification issued under Section 17(2) for setting up of a water treatment plant - Not tenable as specific purpose mentioned in notification under Section 17(2) cannot be said to be essentially different from the..........
Land Acquisition Act, Section 5A -- Personal hearing has to be given unless dispensed with under Section 17 - Objections filed jointly - Notice and hearing to one of the joint applicants - Sufficient - Plea that notices should have been sent to each one of the joint applicants - Not tenable...........
Land Acquisition Act, 1894, Section 6 -- Explanation I - Quashing of notification u/s 6 of the Act on ground that it was issued beyond one year from the date of publication of Section 4 notification - Appeal - Section 4 notification was 27th May, 1993 and Section 6 notification was 8th June, 1994 - Respondents had challenged Section 4 notification before High Court -..........
