Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, Section 26(1) -- Proviso - Acquisition of land - Date of determination of market value - Market value of acquired land shall be determined as on the date of issuance of notification u/s 11 of the Act...........
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, Section 24 -- Acquisition of land - Date of enactment of 2013 Act i.e. 1.1.2014 has no relevance to fresh acquisition initiated under the statute - Said date is relevant only if land acquisition proceedings had been initiated under the old Land Acquisition Act and..........
Land Acquisition Act, 1894, Section 48 -- Release of land - Appellant who is running factory on land in question, has not obtained a valid Change of Land Use (CLU) certificate - For establishing a factory or any other commercial development being valid, a CLU is a prerequisite, in the absence of which running a factory on the said land cannot be validated so as to include..........
Land Acquisition Act, 1894, Section 48 -- Release of land - Release of subject land will affect the entire planning of land acquired under Notification - Land in question is abutting institutional Plot, 18-meter-wide road and 30 meter green belt - Release of land would affect the green belt/road and thus, prayer for release of land rejected...........
Land Acquisition Act, 1894, Section 48 -- Release of land - Writ petition - Res judicata - First writ petition was not for release of land - Second writ petition was withdrawn because appellant's representation was pending, and present writ petition has been preferred, after his representation was rejected, impugning rejection order - Thus, appellant's request for release..........
Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Compensation - Sale exemplars - Land in question was notified to be acquired in the year 1989 - There is thus, a gap of over a year between acquisition of land in question and allotment of plot which was in close proximity with acquired land - Price of said plot is fixed @ Rs.180 per sq mt - Prices in one year..........
Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Compensation - Deductions - Land acquired is never used in the form it exists - In such a situation, 30% to 50% deduction be made from the rate for the purposes of development - Even assuming that acquired land is within vicinity of developed area but it is an agricultural land, may be with a potential of a..........
Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Compensation - Deductions - Large areas do not attract the same price as is offered for the small plots of lands - Therefore, some amount of deduction is also normally permissible on account of largeness in area - Thus, deduction of at least 10% has to be applied to determine the rate of compensation...........
Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Compensation - Market rate of acquired land turns out to be Rs.190 per sq mt as per allotment of plot which was in close proximity with acquired land - After applying deduction of 50% on account of development and largeness of area, market value of land will be reduced to half of Rs.190 per sq mt. i.e Rs.95..........
Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Compensation - Value of fruit bearing trees existing on the land - In absence of any documentary evidence showing annual income earned by them from selling the fruits of trees, it is not proper to award anything further for the trees...........
