Law: Land Acquisition Act, 1894

Section: 18,4,17,6,7,9,10,23(1)

Law: Land Acquisition Act, 1894

Section: 18,4,17,6,7,9,10,23(1)

(a) Land Acquisition Act (I of 1894)-------S. 23---Acquisition of land---Determination of amount of compensation of acquired land---Landowners, whose property was acquired, after issuance and publication of notification under S.4 of Land Acquisition Act, 1894, were paid the compensation of their property on the basis of negotiations between the two parties and the rate of compensation thereby was fixed as Rs.22,000 per Kanal in the year 1990---Department then completed the acquisition process, started in the year 1988 by publication of notification and after a deep slumber of more than twelve years fixed the market value of land in the year 2000 at the same rate which was paid to the landowners in the year 1990---Market value prevailing in the year prior to publication of notification under S.4, was only one of the criteria for fixation of the compensation; and that too when acquisition process was strictly in accordance with the provisions of Land Acquisition Act, 1894---When the acquisition process was delayed, then the market value prevailing twelve years ago at the time of publication of notification, could in no way be held to be market value---Verdict of the referee court also reflected that it lacked the application of a judicial mind and it kept in mind the provisions of S.23(1) of Land Acquisition Act, 1894 and totally ignored the delay in acquisition process, potential value of acquired land and its future prospects---Judgment and decree of referee court, was set aside with the direction to fix the compensation of acquired property at the rate of Rs.80,000 per Kanal with 6% simple interest from the date of possession along with 15% compulsory acquisition charges. Mst. Abida Aman-e-Room and others v. Government of N.-W.F.P and others Writ Petition No.718 of 2008 rel. (b) Land Acquisition Act (I of 1894)--- ----S. 23---Acquisition of land---Determination of compensation---Criteria for fixation of market value---Provisions of S.23 of Land Acquisition Act, 1894, was not the sole criteria for fixation of market value---Factor of potential and future value of the acquired land had also to be kept in mind while determining the compensation of the acquired…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492