Land Acquisition Act, 1894, Section 18 -- Person who has made application for reference - Cannot be permitted to challenge acquisition of land - Having availed remedy of reference - Estopped by his own act and conduct to challenge acquisition - Evidence Act, Section 115...........
Land Acquisition Act, 1894, Section 11, 9 -- Absence of notice under Section 9 - Does not render award invalid...........
Land Acquisition Act, 1894, Section 11, 12 -- After land vested in State Government on announcing of award - Merely because payment of compensation made later on - Will not enable land owners to challenge acquisition proceedings...........
Land Acquisition Act, 1894, Section 54 -- Several appeals in the form of counter - claims both of land owners as well as Acquiring Authorities - Segregating of appeals filed by claimants from appeals filed by Acquiring Authorities for separate consideration as well as manner of disposal adopted - Do not conform to a proper, reasonable and lawful exercise of powers of..........
Land Acquisition Act, 1894, Section 5A -- Inquiry - Objector must be given reasonable opportunity of being heard - Any violation of procedure prescribed under Section 5 - A - Seriously prejudices rights of owner of property - Plea that no Section 5 - A inquiry and objectors not given personal hearing - Not tenable as objections raised considered and partly allowed by..........
Land Acquisition Act, 1894, Section 5A -- Delay in challenging inquiry under Section 5 - A - Effect - Inspite of declaration made under Section 6 allowed acquisition proceedings to go on until Award passed - Indicates that objector did not have genuine grievance against Section 5 - A inquiry held by Collector...........
Land Acquisition Act, 1894, Section 23 -- Land acquisition - Market value - Comparable sales - Merits consideration only when (i) sale is within a reasonable time of the date of notification under Section 4(1); (ii) it should be a bona fide transaction; (iii) it should be of the land acquired or of the land adjacent to the land acquired; and (iv) it should possess similar..........
Land Acquisition Act, 1894, Section 23 -- Land acquisition - Market value - Rates fixed for small plots - Can be made basis for fixation of rate if there is no other material and adjudicating Court can make comparison of the prices paid for small plots of land making necessary deductions/adjustments while determining the price...........
Land Acquisition Act, 1894, Section 23 -- Valuation of land acquired - No absolute rule that rates fixed for small plots cannot be the basis for fixation of rate where large area subject-matter of acquisition - Open to Court to make comparison of prices of small plots of land when no other material available - Necessary deductions/adjustments to be made while determining..........
Land Acquisition Act, 1894, Section 23 -- Market value, fixation of - Comparable sales method - Principles applicable to reduce element of speculation - (i) when sale within reasonable time of date of notification under Section 4(1), (ii) should be a bona fide transaction, (iii) should be of land acquired or of land adjacent to land acquired, and (iv) should possess..........
