Land Acquisition Act, 1894, Section 18 -- Filing of a written application within specific and prescribed period of time - Mandatory - To claim remedy under Section 18 - Statutory procedural requirements should be strictly fulfilled - In their absence no right flows therefrom - Court's direction to file a fresh application under Section 18 (irrespective of fact whether..........
Punjab Mines and Minerals Concession Rules, 1964, Rule 61 -- Order determining compensation without notice or hearing to landowners - Void ab Initio - Cannot be said that there has been offer of payment of due compensation to landowners - Taking possession of land - Unauthorised from very inception - Landowners entitled to additional damages for unauthorised possession of..........
Land Acquisition Act, 1894, Section 17, 4, 6 -- Building taken on lease by Government - Later on notifications under Sections 4 and 6 invoking provisions of Section 17 for acquisition of land - Compensation awarded only in regard to land - State Government being already in possession of building there was no urgency whatsoever - Flagrant abuse of provisions of Section 17 -..........
Land Acquisition Act, 1894, Section 4 -- Purpose for which land needed - Simply to mention that land needed by Union of India or for purposes of Union of India - Does not disclose any purpose for which needed - Notification quashed...........
Land Acquisition Act, 1894, Section 23(1) - - Loss of earnings due to acquisition of land - A factor to be taken into consideration in fixing market value - Loss of earnings to be calculated on the basis of what earnings would be if trade or business pursued at a particular locality - Damage for loss of business granted when person pursuing business compelled to give it up..........
Land Acquisition Act, 1894, Section 18 -- Objections to award of Collector can be raised regarding four things : (i) measurements of acquired land; (ii) amount of compensation awarded; (iii) persons to whom compensation payable; and (iv) apportionment of compensation among persons interested - Cannot be on any other ground - Claimant to state whether he raises objections..........
Land Acquisition Act, 1894, Section 23(1)fourthly -- Poultry Farm on acquired land - Compensation for loss of earnings - Claimant entitled for the period which it will take to restart poultry business and to receive income from the birds - Hardly makes any difference whether claimant able to restart business after acquiring suitable land or had closed the business for no,..........
Land Acquisition Act, 1894, Section 9, 10, 11, 12, 13, 14, 15, 19, 20, 21, 22 -- Flaw in proceedings before Land Acquisition Collector - Proceedings before Tribunal or Land Acquisition Court - Not rendered illegal or nugatory - 'u' Subsequent proceedings" as used in Mani Ram's case 1974 P. L. J. 452 not applicable to proceedings before Tribunal or Land Acquisition Court -..........
Land Acquisition Act, 1894, Section 23, 24 -- Assessment of market value - Onus of issue as to what is market value of property - On claimant...........
Land Acquisition Act, 1894, Section 9, 10, 11, 12, 13, 14, 15, 19, 20, 21, 22 -- Proceedings before Collector - Administrative in nature - Proceedings before Tribunal or Land Acquisition Court - Civil proceedings in a Civil Court in which claimant has status of plaintiff - Wholly independent of proceedings before Collector - Punjab Town Improvement Act, Section 59 and..........
