Land Acquisition Act, 1894, Section 18, 4, 6 -- Acquisition of land - Notification u/s 4 issued on 21.10.1969 - Land of appellant measuring 42 bighas acquired and compensation @Rs.1.33 per square yard awarded on basis of 66 contemporaneous sale deeds - Appellant had sold one piece of land on 13.06.1969 @ Rs.22 per square yard and another piece of land on 16.10.1969..........
Land Acquisition Act, 1894, Section 5A -- Acquisition of land - Opportunity of hearing - Person whose property is being or is intended to be acquired should have a proper and reasonable opportunity of persuading authorities concerned that acquisition of property belonging to that person should not be made - On consideration of said objection, Collector is required to make..........
Land Acquisition Act, 1894, Section 11, 4, 6 - - Acquisition of land - Award made and compensation deposited with Revenue Department - Held, it cannot be termed as `deemed payment'...........
Land Acquisition Act, 1894, Section 5A, 4, 6, 11 - - Acquisition of land - Natural justice - Judicial review - Held, principles of natural justice is an in built element of procedure but per se violation of these principles would not ipso facto vitiate proceedings unless any prejudice is shown to have been caused to parties - Also judicial review of administrative decision..........
Land Acquisition Act, 1894, Section 18 -- Acquisition of land - Acquired land was at a distance of 6 kms from road - Held, for determination of compensation lands which were adjacent to road and were surrounded by hospitals and residential and commercially developed areas cannot be relied upon...........
Land Acquisition Act, 1894, Section 18 -- Acquisition of land - Compensation - Guess work is permissible only to a limited extent - Market value of the land is to be determined taking into consideration the existing use of the land, geographical situation/location of the land alongwith the advantages/disadvantages i.e. distance from the National or State Highway or a road..........
Land Acquisition Act, 1894, Section 11, 16 -- Acquisition of land - Landlord can maintain a suit for eviction of his tenant even after an award is passed in respect of tenanted property, when possession is not taken by land acquiring authority - In the absence of possession being taken by land acquiring authority, land owner is not divested of his right, title or interest..........
Land Acquisition Act, 1894, Section 11, 16 -- Acquisition of land - Landlord can maintain a suit for eviction of his tenant even after an award is passed in respect of tenanted property, when possession is not taken by land acquiring authority - In the absence of possession being taken by land acquiring authority, land owner is not divested of his right, title or interest..........
Land Acquisition Act, 1894, Section 5A -- Land acquisition - Tenants of property under acquisition are also persons interested and are entitled to be heard at the stage of enquiry u/s 5-A of Act, although right of hearing and extent of objections that can be raised may not be same as comparable to owner of property - Such right is independent of right of owner...........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Dismissal in default - Bar of fresh suit - Cause of action in first suit is demolition of Nali and encroachment of land at the behest of Gram Sabha - Whereas cause of action in subsequent suit is construction of road without acquisition of land and payment of compensation by P.W.D - Cause of action in subsequent suit had..........
