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...........
Land Acquisition Act, 1894, Section 48 -- De-acquisition of land - Power of withdrawal from an acquisition u/s 48 of the Act can be exercised by Government only in respect of an acquisition where possession of land has not been taken - Therefore, it was not open even to Government to withdraw from acquisition of subject land after possession was taken over...........
Land Acquisition Act, 1894, Section 6 -- Acquisition of land - When State acquires land for a public purpose, such an exercise cannot be set at naught by beneficiary of such acquisition by entering into a private agreement shortly after acquisition so as to reverse the usage of power of eminent domain by State...........
Constitution of India, 1950, Article 226 -- Writ petition - Land acquisition proceedings - Approach of Division Bench in relying on affidavit of authority and closing the matter on the same day, without giving an opportunity to appellant to meet the averments made in the said affidavit would be in violation of principles of natural justice - Order of Division Bench set..........
Acquisition of land -- Determination and award of compensation - State cannot abdicate its constitutional and statutory responsibility of payment of compensation by arguing that its role was limited to initiating acquisition proceedings - The delay in the payment of compensation, in accordance with law, to the landowners after taking away ownership of the subject land..........
Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Compensation - Market value - Grant of cumulative increase in the market value of land is not an absolute rule and it is optional...........
Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Compensation for trees and borewell - Reference Court rejected claim for compensation of awala trees as the same were newly planted and were not fruit bearing at the relevant time - Plantation was reported to be of the year which is subsequent to the proposal to acquire land - Court also recorded that no..........
Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Compensation - In determining compensation for acquired land, Court must consider the `market value' of the land as on the date of publication of the notification u/s 4 of the Act...........
Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Compensation - Sale exemplars - Sale exemplars of lands situated in an adjacent village cannot be used to determine the market value of acquired land since such lands may differ in terms of quality and other attributes...........
Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Compensation - Sale exemplars - Post-notification sales can only be considered when better evidence is not available on record and when the party relying on it can convincingly demonstrate that there has been no upward trend in market prices due to the acquisition...........
