Land Acquisition Act, 1894, Section 48 -- De-notification of land - Committee not recommended de-notification u/s 48 of the Act, as land was acquired by DDA for relocation of Chemical Godowns and Development of freight complex under planned development - Moreover, matter was placed before Lt. Governor who after due consideration of facts rejected prayer for de-notification..........
Land Acquisition Act, 1894, Section 4, 6, 23 -- Acquisition of land - Act does not provide for grant of alternative plots to landowners...........
Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Compensation - Claim of allotment of developed abadi plot by landowners to the extent of 10% of their acquired land in terms of Gajraj and Savitri Devi's Case - Appellants/landowners have neither any legal right nor any factual foundation to claim relief of allotment of additional developed abadi plot - It is..........
Land Acquisition Act, 1894, Section 28A, 28, 34 -- Acquisition of land - Re-determination of compensation - If Collector declines to award interest on compensation u/s 28-A of the Act to landowners, appropriate remedy is to file writ petition u/art 226 of Constitution - No legal remedy thus, available to landowners against such order to approach civil Court in reference..........
Land Acquisition Act, 1894, Section 18(2)(As -- Reference - Limitation - Appellants accepted compensation under protest on point of sufficiency of compensation - Specific request for reference u/s 18 of the Act, indisputably made within six months, as required u/s 18(2) of the Act - Request of reference made on proper application...........
Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Determination of compensation - Sale deed post notification cannot be taken into consideration for determining compensation of acquired Land...........
Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Determination of compensation - Deduction for development charges - 40 Kanals and 9 marlas of land acquired for construction of warehouse/godown - Exemplar relied upon by High Court was for small extent of land of 9 marlas sold prior to 56 months to notification u/s 4 of L.A Act - Deduction at 67.5% applied by..........
Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Determination of compensation - Fair market value of acquired land cannot be decided in isolation on basis of only one factor - There are several other factors, which govern determination of rate - These factors need to be proved with sufficient evidence - It is duty of landowners and State to adduce proper..........
Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Determination of compensation - Fair market rate of land - Large chunk of land situated in 15 villages acquired - No evidence on record much less any finding of High Court regarding actual distance among 15 villages, location, situation, potentiality, quality, its nature and type of acquired land - High Court..........
Land Acquisition Act, 1894, Section 23, 28 -- Acquisition of land - Compensation in respect of standing trees on acquired land - Respondent claimed that 396 fruit trees were standing on acquired land and in his deposition he stated that there were 250 trees - Total area of land belonging to respondent is 7 kanals 2 marlas - Expert examined by respondent deposed that there..........
