Law:

Section:

(a) Land Acquisition Act (I of 1894)-------S. 23---Acquisition of land---Compensation, determination of---Matters to be considered---Market value of different pieces of land in one village may be different and the same depends on the quality, classification (of the soil), fertility, location, special characteristic, if any, of the land and the use to which the land can be put by the landowners. (b) Land Acquisition Act (I of 1894)--- ----Ss. 18 & 23---Acquisition of land---Compensation, determination of--­Determining market value of the lands collectively---Validity---Duty of Court---Landowners were not satisfied with the compensations awarded by the Authorities, 'references under S.18 of Land Acquisition Act, 1894, were made to the Court---Trial Court decided the references without separately recording evidence in, each case---Validity---Where the Court had not determined the market value separately, the orders passed by the Court were set aside and the cases were remanded to the Trial Court for decision afresh. Per Ali Nawaz Chawhan, J.--- (c) Land Acquisition Act (I of 1894)--- ----Preamble, Ss. 18 & 23---Object---Raison d'etre of Land Acquisition Act, 1894, is two-fold: firstly to fulfil the needs of Government and companies for land required by them for their projects and secondly, to determine and pay compensation to those private persons or, bodies whose land is so acquired---Exercise of power of acquisition has been limited to public purposes---One of the main intentions of the Legislature is to ensure protection of the rights of the persons whose property is being acquired. (d) Land Acquisition Act (I of 1894)--- ----S. 23---Acquisition of land---Determination of compensation--'-Composite award---Duties of Court--.-Failure to comply with the guidelines framed by superior. Courts in determination of compensation---Effect---Guidelines and the spirit behind S.23 of Land Acquisition Act, 1894, were not followed in full---Such attitude had led to prolonged litigation on the one hand, while on the other hand, influential people were benefited through payment of fat compensation than what they deserved---Exercising such discretion with capriciousness…

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