Land Acquisition Act, 1894, Section 4, 6 -- Land acquisition - Quashing of notification sought on the ground of discrimination - Appellant taking plea that construction made by them has been acquired whereas similar kind of construction made with regard to others similar situated persons has been left out - High Court dismissed petition - Judgment of High Court set aside -..........
Land Acquisition Act, 1894, Section 4, 6, Constitution of India, 1950, Article 226, 14 -- Land acquisition - Notification of acquisition quashed - Petitioner, whose land was also acquired and who had filed petition seeking enhancement of compensation, got the petition dismissed as infructuous after quashing of notification, but failed to deposit back the compensation in..........
Land Acquisition Act, 1894, Section 4, 6, 17 -- Acquisition of land by invoking urgency provision - Compensation - Collector issued notice to land owner u/s 9(1) and disbursed 80% of the acquisition cost to land owners and took possession of land and handed it over to Ministry of Defence - Without going into quantum of compensation, Court directed Collector to announce the..........
Constitution of India, 1950, Article 226, Land Acquisition Act, 1894, Section 48(1) -- Release of acquired land after acquisition - Policy of Govt. to entertain application for release within one year even after the announcement of award - Held, policy is invalid and contrary to the provisions of S.48(1) of the Act - Once the award is announced, possession is deemed to be..........
Land Acquisition Act, 1894, Section 4, 6, 5A, 17 -- Acquisition of land for public purpose by invoking urgency provisions, for construction of approach road - Govt. took more than three months for issuance of notification - No decision taken by the Govt. for dispensing with the provisions of Section 5-A of the Act to invite objections - Held, mere issuance of notification..........
Land Acquisition Act, 1894, Section 11 -- Memorandum of settlement - Deposit to be made within specified time - By orders of Court respondents released from the obligation to deposit within time specified - Held, appellant cannot claim that because of the default in making the deposit, the acquisition should stand set aside in terms of the Memorandum of Settlement...........
Land Acquisition Act, 1894, Section 4, 6, 17 -- Acquisition of land - Invocation of urgency clause - Publication of notification u/s 4 and a declaration u/s 6 of the Act - There has to be at least one day's gap of time between the publication of notification and declaration - However, publication of notification u/s 4 of the Act in the newspaper or publication of its..........
Land Acquisition Act, 1894, Section 4, 6, 48 -- Land acquired for public purpose - Award was announced and possession of land taken - Held, land is deemed to be vested in the State Govt. - There is no possibility of the State to denotify the acquisition...........
Defence of India Act, 1962, Section 29 -- Acquisition of land - Compensation is payable at the time of taking possession - Interest is payable on delayed payment - Interest is also payable on any enhanced amount by Arbitrator or High Court - This general principle will not apply when a statue specifies or regulates the interest and in that event interest will be payable in..........
Land Acquisition Act, 1894, Section 23 -- Land acquisition - Compensation - Market value - Civil Judge fixed compensation as Rs.4.35 lakhs per acre after considering the fact that acquired land has potential to develop into housing sites, relying upon exemplar sale deed and after deducting one third as development cost - High Court enhanced deduction to half of the market..........
