Agreement to sell -- Specific performance - Compensation in lieu of decree for specific performance - Suit property acquired before final decree could be passed - Plaintiff will be deemed to be in shoes of defendant and therefore shall be entitled to entire compensation, determined and awarded under provisions of Land Acquisition Act together with interest and solatium -..........
Land Acquisition Act, 1894, Section 28A, 23 -- Acquisition of land - Land of appellant, his father and brother acquired by same notification - Land owned by all three parties is comprised in same survey no. - There is no reason as to why compensation awarded to father and brother of appellant under same notification not awarded to appellant - It is thus, appropriate to..........
Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Compensation - Interest on solatium - Claim for interest on solatium would be payable if reference Court has either not referred to it or has not rejected it expressly or by necessary implication - Moreover, claim can only be made in pending execution proceeding - In the instant case, claim for interest on..........
Land Acquisition Act, 1894, Section 23(1A), (2), 28, National Highways Act, 1956, Section 3J -- Compulsory acquisition of land - Compensation - Solatium and interest - Provision of Land Acquisition Act relating to Solatium and interest contained in Ss.23(1A), (2), 28 Proviso of the Act, will apply to acquisitions made under National Highways Act - Consequently, S.3J of..........
Limitation Act, 1963, Section 5, Land Acquisition Act, 1894, Section 54 -- Land acquisition - Condonation of 3671 days delay in filing appeal - Appellants are agriculturists whose lands were acquired - Similar situated agriculturists were given a higher rate of compensation as such there is no reason to decline the same to appellants merely on the ground of delay -..........
Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Compensation for pomegranate trees planted in acquired land - High Court fixed the compensation of per tree @ Rs.2000 by reducing it from Rs.4000 per tree as awarded by Reference Court by placing reliance on its earlier judgment - Said judgment relates to Notification of year 1977 - However, present..........
Land Acquisition (Amendment) Act, 1984, Section 15, 30(2), Land Acquisition Act, 1894, Section 23(2) - - Applicability of amended provision as to 30% solatium and 15% interest on the amounts due in pending cases and any award made between 30.4.1982 to 24.9.1984 - As there is no conflict with regard to S.30(2) of Amendment Act, therefore, claimants are entitled to solatium..........
Land Acquisition Act, 1894, Section 23(1A), 23(2), 28, 34 -- Land acquisition - Payment of interest - Claim of solatium for enhanced amount of compensation and interest - Whether interests can be paid on solatium - Two Judges have taken totally different views on grant of interest on solatium - Therefore, matter is to be referred to larger Bench...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration - Suit for mere declaration that plaintiff is entitled for certain amount of compensation, damages, solatium and interest without seeking relief of recovery of such amount from defendant, is not maintainable...........
Requisitioning and Acquisition of Immovable Property Act, 1952, Section 9 -- Acquisition of land - Enhancement of compensation - Payment of solatium and interest - Even though twin ameliorators of solatium and interest on amount of compensation is not available under the Act - Award of solatium of 30% and interest @9% with principle compensation on equity basis - Is held..........
