Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Market value - Principle of parity - High Court granted Rs.130 per. sq. meter for adjoining land in earlier proceedings having small area of land than present one - Land of appellants also having road frontage - On the principle of parity, High Court should have granted at least Rs.130 per sq.meter -..........
Land Acquisition Act, 1894, Section 18, 23 -- Acquisition of land - Compensation - Market value - Reference Court fixed the value of land - However, requisitioning authority was not put to notice when Reference Court fixed the land value - This is certainly a matter for Reference Court to consider while disposing of case - Parties directed to appear before Reference Court...........
Land Acquisition Act, 1894, Section 3(f) -- Public purpose - Expansion and systematic development of Tourist Complex, is a public purpose...........
Land Acquisition Act, 1894, Section 4, 6 -- Acquisition of land - Public purpose - Land acquired for expansion and systematic development of Tourist Complex including parking area where annual fair of international fame is held - Public purpose for acquisition of land is thus fulfilled - High Court committed error in holding that State has not acted bonafide as earlier..........
Constitution of India, 1950, Article 226 -- Allotment of land - For the purposes of manufacturing salt - Land reserved for the said purpose no more available for allotment - Application for allotment of land dismissed - Revision filed after 5 years of said dismissal rejected on the ground of delay - Matter was challenged again before High Court after a delay of five years..........
Land Acquisition Act, 1894, Section 4, 6 -- Acquisition of land - Challenged by filing writ petition - High Court dismissed petition in a cryptic manner - High Court should have addressed the issues and should have passed the orders on main reliefs - Order of High Court set aside - Matter remanded back to High Court for consideration on merits...........
Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Compensation - 75% deduction for development charges - Evidence on record shows that acquired land can be utilized for setting up a housing colony and that there was overall growth in and around the municipality - Deduction limited to 1/3rd of the market value which is the normal practice - Since the land was..........
Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Compensation - Acquisition of large area - However, exemplar sale deeds were for small plots - Extent of area transferred is relevant factor for determination of compensation - Exemplar sale deeds thus, cannot be relied upon - Since adequate evidence which would militate against claim of higher compensation..........
Registration Act, 1908, Section 17(2)(vi) -- Registration - Family settlement - Transfer of land in family settlement by consent decree, does not require registration and held to be valid...........
Hindu Law -- Ancestral property - Alienation by last coparcener - Validity - Hindu male having four daughters and had no male issue - He after marrying his daughters, was living with one of his daughter `G' - Hindu male devolved suit land to his daughter `G' before amendment of S.6 of Hindu Succession Act - He being last coparcener, was competent to alienate the same and..........
