Civil Procedure Code, 1908, Section 151, 152, Order 47, Rule 1, Land Acquisition Act, 1894, Section 28A, 18 -- Compensation awarded by Land Acquisition Collector cannot be enhanced by District Judge by entertaining application under Order 47 Rule 1 read with Section 151 of the Code - District Judge does not have jurisdiction to review award made by it which has become..........
Land Acquisition Act, 1894, Section 23 -- Fruit bearing trees, assessment of compensation - Basic Principles and Methods of Evaluation of Fruit Trees by S. Harbans Singh relied upon in Ranjit Singh's case 1983 PLJ 290 DB Followed - After 10 years 100% increase should be made in compensation as allowed in Ranjit Singh's case - After 14 years claimants entitled to increase..........
Land Acquisition Act, 1894, Section 11 -- Proviso - Award of compensation - Approval by Commissioner - Held, Commissioner can reduce the suggested amount for different categories of lands sought to be acquired - Aspects of the case as to whether Commissioner was competent to decide the question were not dealt with by High Court - High Court order set aside and matter..........
Land Acquisition Act, Section 11 -- Award incorporated a condition of employment to one eligible member per family whose land is acquired - No jurisdiction with Land Acquisition Collector to make such a stipulation in the award...........
Constitution of India, 1950, Article 14,16 -- Posts under the Corporation - Required to be filled up in conformity with provisions of Constitution - Cannot be exclusively reserved for persons whose lands have been acquired - Persons who have got compensation for land not in any way at a disadvantageous position as compared to others who have no land - Deserve no..........
Land Acquisition Act, 1894, Section 23(1A) -- Applicable to awards given by Collector either as on 30th April, 1982 or thereafter - Not applicable to awards of Collector pronounced before 30th April, 1982 - Benefit of amending provisions would not apply when appeal is pending in High Court (or Supreme Court) as on 30th April, 1982 from award of the Collector...........
Land Acquisition Act, Section 23 -- Determination of compensation of acquired land - Area upto 100 Karams on either side of G. T. Road - Can be termed to be a better located agricultural land - Deserves to be awarded higher compensation than compensation awarded on account of its quality i.e. irrigated/barani...........
Land Acquisition Act, Section 23 -- Compensation of acquired land, determination of - Agreement of sale - Barely VA month prior to date of land acquisition notification and last date for carrying out agreement more than 15 months later after the notification - Sale not executed since notification issued by Government - Offers alleged in land acquisition proceedings..........
Land Acquisition Act, Section 31 -- Liability for payment of compensation - Land acquired for a Company by State Government by issuing notifications under Sections 4 and 6 - Land owners not concerned as to for whom land acquired - State Government which acquired the land liable to pay the amount of compensation to land owners irrespective of the fact whether it has or has..........
Land Acquisition Act, 1894, Section 23 -- Determination of compensation - Acquisition of a large area - Sale instances of very small pieces of land although sale transactions relate to a point of time close to date of issue of Notification under Section 4 - - Cannot furnish a safe yard - stick for determining market value...........
