Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Determination of compensation - Prices mentioned in Ready Reckoner for purpose of calculation of stamp duty, which are fixed for entire area, cannot be basis for determination of compensation under the Act...........
Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Determination of compensation - There cannot be a uniform market value of land for the purpose of determination of compensation for lands acquired under the Act - Market value of different lands vary from place to place and it depends upon various factors...........
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, Section 24(2) -- Acquisition of land - Lapse of proceedings - Amount of compensation deposited in Treasury instead of Court does not invalidate acquisition - Even, possession was already taken over - Order holding land acquisition proceedings lapsed set aside...........
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, Section 24(2) -- Acquisition of land - Lapse of proceedings - Period of 5 years had not lapsed prior to commencement of Act, which could lead to declaration that proceedings stand lapsed - Appellant was prevented by interim orders in a number of writ petitions filed..........
Judicial service -- Misconduct - Withholding of 70% of pensionary benefits - Appellant had misconducted himself while discharging his duties as a judicial officer and had passed judicial orders in utter disregard of specific provisions of law to unduly favour subsequent purchasers of acquired lands, who had no right to claim compensation and that such orders were actuated..........
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, Section 24(2) -- Acquisition of land - Lapse of acquisition proceedings - Subsequent purchaser is not entitled to claim lapsing of proceedings under the Act...........
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, Section 24(2) -- Acquisition of land - Lapse of acquisition proceedings - Finding that compensation was not offered to land owners and therefore deposit in Court cannot be regarded as payment of compensation to land owners is not tenable...........
Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Compensation - Determination of market value - Market value cannot be assessed by applying suitable deduction in the market value of land acquired by a subsequent notification...........
Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Compensation - Reference Court has awarded compensation of Rs.4 lakhs per acre in respect of land situated in another village acquired vide same notification - Such determination has not been appealed against either by land owners or by State - High Court rightly relied upon such determination to assess market..........
Utilization of land -- Non-payment of compensation - Land is utilized for road to be owned by Panchayat/Municipality - Admittedly, there is neither any acquisition proceedings nor any transfer of rights by landowners by way of sale, gift or otherwise - Defence of Panchayat is that it was a voluntarily surrender of rights for no consideration - However, no document or..........
