Specific Relief Act, 1963, Section 38, 39 -- Suit for permanent and mandatory injunction - Restraining defendant from alienating plot allotted in lieu of acquisition of land - Agreement of sale executed between plaintiff and respondent and during subsistence of said arrangement, land in question came under acquisition and land vested in State - Once acquisition machinery..........
Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Compensation - No provision under the Act for grant of job in lieu of acquired land - Policy decision if any giving job in lieu of acquired land cannot prevail over statutory provisions - On the land being acquired, claimant is entitled only to compensation...........
Land Acquisition Act, 1894, Section 5A -- Acquisition of land - Objections - Claimants who do not file objections or pursue judicial challenge cannot contend that inquiry u/s 5-A of the Act is vitiated, nor can they seek quashing of S.6 of the Act declaration on that ground - In the event objections are not pursued through litigation, notification becomes conclusive proof..........
Land Acquisition Act, 1894, Section 5A -- Acquisition of land - Objections - Once proceedings conclude in award and possession is taken without challenge, Court would not entertain any belated grievance from interested person...........
Land Acquisition Act, 1894, Section 48 -- Release of land - Having accepted monetary settlement without challenge and remained passive during litigation spanning several years, it cannot now seek benefits from relief secured by others - Confluence of its commercial status, nature of relief and practical impossibility of restoration due to intervening modifications..........
Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971, Section 4 -- Acquisition of land - There was an invisible power acting behind the Society and the SRA is further evident from the fact that in some of its initial filings for the acquisition proposal - The High Court has also recognized such fraudulent acts of the developer painting a stark..........
Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Compensation - Sale exemplars - When there are several exemplars with reference to similar land, usually highest of exemplars, which is a bona-fide transaction will be considered - Further, only where there are several sales of similar lands whose prices range in a narrow bandwidth, average thereof can be..........
Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Compensation - Compensation payable to owner of land is determined by reference to price which a seller might reasonably expect to obtain from a willing purchaser...........
Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Compensation - Land acquired has to be valued not only with reference to its condition at the time of notification u/s 4 of the L.A Act but its potential value must be taken into account - In this respect, sale deeds of lands situated in vicinity and comparable benefits and advantages which they have, provide..........
Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Compensation - Sale exemplars - Land was acquired for public purpose for establishment of Industrial Area - Lands acquired are situated near T-point of State Highway, acquired land has non-agricultural potential and that a percolation tank just opposite to acquired lands, having sufficient water could be found..........
