Land Acquisition Act, 1894, Section 5A -- Release of land - Non application of mind objectively by State Government to the report submitted by Land Acquisition Collector u/s 5A(2) along with his recommendations - Held, impugned acquisition is ultra vires the provisions contained in S.6 of the Act...........
Land Acquisition Act, 1894, Section 5A -- Release of land - Discrimination - High Court was not at all justified in approving the decision of the competent authority not to release the appellants land ignoring that the other similar parcels of land on which construction has been made had not been acquired...........
Land Acquisition Act, 1894, Section 5A -- Scope - (i) The rule of audi alteram partem engrained in the scheme of S.5A of the Act ensures that before depriving any person of his land by compulsory acquisition, an effective opportunity must be given to him to contest the decision taken by the State Government/competent authority to acquire the particular parcel of land; (ii)..........
Land Acquisition Act, 1894, Section 4 -- Land acquisition - It is not within the jurisdiction of Court to compel the Government to pass an Award pursuant to notification issued u/s 4(1) of the Act even when it is followed by the declaration...........
Land Acquisition Act, 1894, Section 4 -- Agricultural land acquired - Residential part not acquired - On account of seepage, there was dampness resulting in cracks in the building - It will not be in the interest of justice and fair to relegate them to seek damages in a civil court - Each of the petitioners shall be paid a lump sum amount of Rs.1 lakh each towards damages..........
Land Acquisition Act, 1894, Section 18, 30 -- Land acquisition - A person aggrieved may maintain an application before the Land Acquisition Collector for reference u/s 18 or 30 of the Act, but cannot make an application for impleadment or apportionment before the Reference Court...........
Land Acquisition Act, 1894, Section 18, 23(1)A -- Acquisition of land - Valuation of land - Deductions - While deciding valuation of lands High Court applied cut of 60% and also took into consideration that lands in question were small plots, therefore, their value was definitely higher than lands which had been acquired which were much larger in area - Held, High Court..........
Land Acquisition Act, 1894, Section 18, 23(1)A -- Acquisition of land - Agricultural land - Valuation - Deductions - Lands in question have lost their character and potentiality as agricultural lands and have more or less been converted into lands which were ready for use for purpose of construction - General cut imposed @ 40% - Held, Cut of 1/3rd the value would be..........
Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Agreement holder has no right to receive compensation - Compensation withdrawn by him directed to be refunded to the owner...........
Land Acquisition Act, 1894, Section 48, 16, 4, 6 -- Acquired land - Release of unutilized portion - Once the land is acquired and mandatory requirements are complied with including possession having been taken the land vests in the State Government free from all encumbrances - Even if some unutilized land remains, it cannot be re-conveyed or re-assigned to the erstwhile..........
