Law:

Section:

Land Acquisition Act (I of 1894)--- ----Ss.18, 31 (2), 23 & 4---Compensation, determination of---Criteria---Reference to court---Factors to be considered for determination of compensation---Person who had received the amount otherwise than "under protest" was not entitled to make any application under S. 18 of Land Acquisition Act, 1894---No bar existed for appointment of local commissioner by the Referee Judge for determination of market value---Referee Judge, in the present case, appointed local commissioner who assessed the value of land as Rs. 60,000 to Rs. 70,000 per kanal---Potential value of the property was higher than the assessed amount in the award---Referee Judge despite confirmation of report of local commissioner had dismissed the reference which was not in line with law---District Collector had assessed the value of property at the rate of Rs. 19952 per kanal but no evidence had been produced as to how and on what criteria such amount was assessed---No document was on record in support of assessment made by the District Collector---Assessment of price in the light of evidence available had not been made by the Referee Judge---Criteria of one year average prices was not of any help for determination of market value of the acquired land---Classification and nature of land had to be taken into consideration for assessment of market value---Referee Judge had wrongly observed that hike in prices during 10 years was due to the project of the department---Prices of land had jumped high in near past and owners/objectors could not be deprived of such natural phenomenon---Referee Judge had neither properly assessed the evidence available on the file nor the remand order of the court had been complied with---Future prospect of the land acquired should be taken into consideration for determination of compensation---Market value of the land had to be taken as existed on publication of notification under S. 4 of Land Acquisition Act, 1894, and price of the similar land situated in the vicinity during preceding one year as well as from the spot inspection---Compensation fixed by the Collector could not be termed as fair value and the same would require…

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