Displaced Persons (Compensation and Rehabilitation) Act, 1954, Section 24, Package Deal Rules, 1962, Rule 5, 11 - - Allotment of excess land - Assessment of price - State Govt. afforded consideration to claim of petitioners to purchase land allotted in excess and assessed price at a certain rate - However, in impugned order, there is no basis disclosed for arriving at such..........
Land Acquisition Act, 1894, Section 23, 28 - - Acquisition of land - Solatium and interest - Benefit of solatium and interest extended by Court to other land-owners of same acquisition - Held, it is imperative upon respondents to consider petitioner's claim for grant of solatium and interest in accordance with law - Direction issued to respondent No.3 that these petitions..........
Land Acquisition Act, 1894, Section 4 -- Acquisition of land - Subsequent purchaser - Locus to challenge acquisition proceedings - Held, a person who purchases land subsequent to issuance of S.4 notification is not competent to challenge validity of acquisition proceedings on any ground whatsoever for reason that sale deed executed in his favour does not confer upon him..........
Land Acquisition Act, 1894, Section 4, 6, 16, 17 -- Acquisition of land - Held, once land is vested in State free from encumbrances, thereafter, it cannot be divested...........
Land Acquisition Act, 1894, Section 18, 23, Limitation Act, 1963, Section 5 -- Acquisition of land - Delay of 1110 days in filing appeal - Condonation of delay - Appellants/villagers are illiterate and are not conversant with the intricacies of law - Court should adopt a liberal approach and either grant time to the party to file better affidavit to explain delay or suo..........
Land Acquisition Act, 1894, Section 51A -- Acquisition of land - Determination of market value - Registered sale deeds - All sale deeds produced by appellants were registered documents and authenticity thereof had not been questioned by respondents - Held, reference Court and High Court could not have ignored provisions of S.51-A and discarded majority of sale deeds...........
Land Acquisition Act, 1894, Section 4, 51A -- Acquisition of land - Determination of compensation - Sale deeds executed after issue of notification u/s 4 - Held, same cannot be relied upon for determination of amount of compensation...........
Land Acquisition Act, 1894, Section 18, 23 -- Acquisition of land - Development charges - Deductions - Validity - Respondents had not even suggested that development envisaged by Reference Court i.e. laying of roads, drains, sewer lines, parks, electricity lines etc. or any other development work was required to be undertaken for laying Railway line - Held, 25% deduction..........
Land Acquisition Act, 1894, Section 18, 23 -- Acquisition of land - Smallness of plots - Deduction - Held, deduction of 50% for purpose of determining compensation proper...........
Land Acquisition Act, 1894, Section 5A(1), 5A(2) -- Acquisition of land - Non-consideration of objections filed u/s 5 A(1) - Held, it resulted in denial of effective opportunity of hearing to appellant - Manner in which Joint Secretary to Govt. approved recommendation made by Land Acquisition Collector favouring acquisition of property is reflective of total no,..........
