Land Acquisition Act, 1894, Section 11A, 4, 6 -- Land acquisition - Possession not taken within prescribed time - Effect thereof - Appellants questioned notification issued u/s 4(1) r/w S.17 and declaration issued u/s 6(1) r/w S.17 - Respondents knew about dismissal of writ petitions filed by appellants in 1990 and 1997 respectively and yet they failed to take possession..........
Land Acquisition Act, 1894, Section 4, 5A, 6 -- Land acquisition - Acquisition of large tract of land - Committee constituted by State Govt. recommended release of certain land on which land owners had constructed dwelling units - About 4.38 hectare of land belonging to an ex MLA was left out but land of other land owners on which they had constructed dwelling units was..........
Land Acquisition Act, 1894, Section 17(1), 17(4), 5A, 4, 6, Metro Railways (Construction of Works) Act, 1978, Section 54 -- Land acquired under Metro Railways Act by invoking urgency clause of Land Acquisition Act - No prejudice suffered by claimants and entire project stood completed - Held, there is no bar to have recourse to provisions of Land Acquisition Act for..........
Land Acquisition Act, 1894, Section 4, 6, Civil Procedure Code, 1908, Section 100 -- Acquisition of Land - Compensation enhanced in appeal - Legal issue involved in appeal already stood settled when appeal was filed - Held, judgment of Court below strictly in consonance with law and same attained finality, but still appeal filed in High court - State permitted to withdraw..........
Land Acquisition Act, 1894, Section 4, 6, 5A, 17 -- Land acquisition - Notification u/s 4 quashed with liberty to issue a fresh notification - Fresh notification issued after 3 years invoking emergency clause - Time gap of 3 yeas between quashing of first notification and issue of second notification is too long to justify invoking of urgency clause - This is clearly..........
Land Acquisition Act, 1894, Section 4, 6 -- Land acquired for public purpose - Challenge against power of compulsory acquisition on the ground that the same has been used fraudulently - However, delay in filing writ petition - Held, all objections concerning delay in challenging acquisition and locus standi are not sustainable as all actions taken fraudulently are vitiated..........
Land Acquisition Act, 1894, Section 4, 6 -- Land acquired for public purpose - Release of land - State acquired big chunk of land and made conditional release of same in favour of private company who further sold it to another company in violation of conditions governing release - Thereafter notification issued under provisions of Special Economic Zone Act, 2005 by..........
Land Acquisition Act, 1894, Section 4, 6 -- Acquisition of land - Compensation - Deduction of development cost - To be made only where value of a small residential/commercial/industrial plot of land in a developed layout is made the basis for arriving at the market value of a nearly large tract of undeveloped agricultural land and not when acquired land and land of sale..........
Land Acquisition Act, 1894, Section 4, 6 -- Acquisition of land - Compensation - More than one sale deeds of similar lands - Usually the highest to be considered - However, when several sales of similar lands whose price range in a narrow bandwidth, the average thereof can be taken - When price of two sales is markedly different, it lead to an inference that they are with..........
Land Acquisition Act, 1894, Section 4, 6 -- Govt. issuing notifications u/ss 4 and 6 of the Act in the year 1989 for public purpose i.e. for the construction of road - Govt. used acquired land for the construction of road without passing any order of award - Govt. directed to initiate process for acquisition of land and award compensation - However, compensation not to be..........
