Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Compensation - Market value of acquired land - High Court duly considered all sale instances and has relied upon sale instances of 1991 and 1992 which were close proximity to the date on which lands in question were acquired - Cut of one third was imposed by High Court - Assessment of market value so..........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Relief of grant of land/compensation qua acquired land can be adjudicated, decided and determined by Land Acquisition Officer in terms of Land Acquisition Act only - Civil Court has no jurisdiction over such relief...........
Adverse possession -- Proof of long standing unauthorized possession can only be a relevant trait for consideration of plea for acquisition of title by adverse possession but cannot be sole criteria - In case of failure to prove adverse possession, any other form of possession howsoever, long, cannot be held sufficient to non-suit plaintiff in his prayer for possession of..........
National Highways Act, 1956, Section 3(H) -- Acquisition of land - Compensation - Apportionment of amount - Dispute relating to apportionment of amount determined towards compensation can only be determined by Principal Civil Court of original jurisdiction...........
National Highways Act, 1956, Section 3(H) -- Acquisition of land - Compensation - Apportionment of amount - If any dispute arises as to apportionment of amount or any part thereof or to any person to whom the same or any part thereof is payable, then, competent authority shall refer the dispute to decision of Principal Civil Court of original jurisdiction within the limits..........
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, Section 24(2) -- Acquisition of land - Lapse of proceedings - Respondent purchased the land after issuance of notification u/s 4 of Land Acquisition Act - He will have no right to invoke jurisdiction of High Court to claim that acquisition in question had lapsed in..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of title on basis of adverse possession - Defendants filed counter claim seeking relief of possession - Plaintiff failed to prove acquisition of title over suit land by way of adverse possession - True owners were within their right to claim possession of suit land from plaintiff on basis of their title -..........
Allotment of plot -- Demand of additional price - Allotment letter shows that additional price can be demanded in case there is enhancement in cost of land awarded by competent authority under Land Acquisition Act - Admittedly, land for allotment was never acquired - No illegality committed by Court below in setting aside demand of additional price of plot...........
Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Compensation - State and its instrumentalities cannot be permitted to adopt an attitude of pick and choose - If State has accepted award of Reference Court in respect of some of claimants, it cannot be permitted to adopt a different treatment to other claimants - In that view of matter, order of High Court..........
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, Section 24(2) -- Acquisition of land - Lapse of proceedings - Possession of land was taken over by Authority - One of conditions was satisfied - Acquisition proceedings do not lapse...........
