Land Acquisition Act, 1894, Section 49, 23 -- Acquisition of part of building without land beneath it - Valuation method - When land and building once married become one unit, neither land nor building can thereafter be valued separately - But that would not come in the way of determining valuation of a particular floor, as all the aspects of owners interest and bundle of..........
Land Acquisition Act, 1894, Section 4, 6, 17(1) -- Acquisition of land - Change in Master plan - Area in question changed from green belt to residential one - Notification u/s 4 of the Act issued on the same day when Master plan was changed - Change of area from green belt to residential was in fact in flagrant violation of provisions contained in Arts.21, 48-A, 51-A(g) of..........
Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Determination of compensation - Precedent - Compensation cannot be determined by blindly following the previous award/judgment - It has to be considered only a piece of evidence not beyond that - Court has to apply the judicial mind and is supposed not to follow the previous awards without due consideration of..........
Land Acquisition Act, 1894, Section 23, Civil Procedure Code, 1908, Order 41, Rule 27 -- Acquisition of land - Determination of compensation - Consideration of previous awards/judgments - At the stage of appeal if award/judgment has to be read in evidence an application has to be filed U.O.41.R.27 CPC, to take additional evidence on record and if it is allowed opposite..........
Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Determination of compensation - Consideration of previous awards/judgments - Compensation determined by High Court by relying upon previous awards/judgments, not correct and thus set aside - Compensation is to be worked out considering sale transactions of subsequent year and thus, compensation comes to Rs.95..........
Punjab Town Improvement Trust Act, 1922, Section 18 -- Acquisition of land - Allotment of plots in addition to compensation - Power of Reference Court - In the instant case, no such policy shown in support of such claim - Therefore, such claim is beyond purview of reference Court and is not germane...........
Punjab Town Improvement Trust Act, 1922, Section 36, Land Acquisition Act, 1894, Section 23 -- Amendment u/s 23(1) of 1922 Act - Applicability - Award passed prior to date of commencement of amendment, hence, provisions for payment of enhanced compensation u/s 23(1) of 1922 Act will not apply...........
Punjab Town Improvement Trust Act, 1922, Section 36, Constitution of India, 1950, Article 133, 136 -- Acquisition of land - Compensation - Determination - In the instant case, as per sale deed on record compensation granted @ Rs.1000/- per square yard - Hence, compensation determined will also carry statutory benefits...........
Plot -- Allotment - Demand of additional price - In the instant case, plots allotted to entrepreneurs by respondents is for establishment of industrial venture - As per respondents regular letter of allotment stipulates only `tentative price' and liable to be varied on account of variation in saleable area - However, there is nothing in regular letter of allotment that..........
Land Acquisition Act, 1894, Section 28A -- Acquisition of land - Compensation - Even in the absence of exemplars and other evidence, higher compensation can be allowed for others whose land was acquired under the same notification...........
