Land Acquisition Act, 1894, Section 23, 24 -- Compensation - Market value - Determination - Where an acquired land is subject to a statutory covenant that it can be used only for agriculture and cannot be used for any other purpose necessarily it will have to be sold as agricultural land - Land owner cannot sell it for any other purpose - As a consequence, price fetched..........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Demolition of property by purchaser - Tenant filing civil suit for permanent injunction - Suit rightly filed in civil court - Compromise between parties that tenant would deliver vacant possession of shop and he would be allotted newly constructed shop - Decree drawn accordingly - New premises not allotted to tenant -..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Application for withdrawal with liberty to file fresh suit - Plaintiff specifically made a prayer in application that permission may be granted with liberty to file a fresh suit - Trial court has partly allowed application of plaintiff - Permission to withdraw suit was given - Liberty to file fresh suit was not accorded -..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit - Plaintiff made an endorsement on plaint of former suit praying for dismissal of suit as withdrawn with liberty to file a fresh suit stating that actual value of property was more than upper limit of pecuniary jurisdiction of court in which said suit was filed and that plaintiff wanted to file a fresh suit..........
Land Acquisition Act, 1894, Section 23 -- Land Acquisition - Compensation - Act does not require the land owner to specify the amount of compensation - In case claimant mentions some amounts and subsequently if market value is found to be more than what was claimed, the land owner should get the actual market value...........
Land Acquisition Act, 1894, Section 23 -- Land acquisition - Compensation - Land acquisition with trees - Compensation amount determined on basis of sale instances of vacant land - Held, trees have to be valued separately...........
Land Acquisition Act, 1894, Section 23 -- Land acquisition - Compensation - Relevant date for determination of compensation - Notification published in gazette, in two newspapers, substance of notification notified in locality and notification u/s 6 of the Act - Held, relevant date for determination of compensation is the notification published in gazette...........
Land Acquisition Act, 1894, Section 23, 18 -- Land acquisition - Compensation - Acquisition of large tract of undeveloped urban land - Price fetched for small plots cannot form safe basis for valuation of large tracts of land - By comparing the situational advantage, existing development and amenities available to the acquired land and the exemplar sale transactions..........
Land Acquisition Act, 1894, Section 18, 23 -- Compulsory acquisition of valuable land, abutting highway, for industrial purpose - Five sale instances taken into consideration for determination of base price and base price fixed on basis of highest price fetched in said sale instances - Sale instance relied upon found to be genuine - Reference Court made deduction of 50%..........
Land Acquisition Act, 1894, Section 23, 54, 18 -- Acquisition of land - Determination of compensation - Reference Court determined compensation after elaborately discussing entire evidence - High Court enhanced compensation without any appreciation of evidence on record and also without considering findings of the Reference Court - Order of High Court set aside - Matter..........
