Law:

Section:

(a) Land Acquisition Act ( I of 1894)---Ss. 23 & 4---Acquisition of land---Compensation---Market value of land, determination of---Reliance by court on sale instruments pertaining to transactions taking place much after issuance of notice under S.4 of Land Acquisition Act, 1894---Propriety---Trial Court determined market value of acquired land as Rs.100,000 per kanal by taking into consideration sale mutations and sale instruments produced by owners of land---Appellate Court fixed market value of land at Rs.70,130 per kanal---Validity---Sale mutations and sale instruments produced by owners of land before Trial Court pertained to transactions which took place much after notification under S.4 of Land Acquisition Act, 1894 was issued for acquiring land, thus such evidence was not solely and primarily the evidence worth consideration qua assessment of market value---Appellate Court rightly fixed market value at Rs.70,130 per kanal after considering all factors like potentiality, location, market value and the absence of free will to sell---Appeal was dismissed accordingly. (b) Land Acquisition Act ( I of 1894)--- ----S. 23(2)---Civil Aviation Authority Ordinance (XXX of 1982), S. 3---Land acquired by a company---Compulsory acquisition charges, determination of---Land acquired by Civil Aviation Authority(CAA) for construction of an International Airport---Status of Civil Aviation Authority (CAA) as a corporate body, which could acquire and hold property by itself, simpliciter did not mean that the land it acquired, entitled its owners to 25% compulsory acquisition charges---Where property was acquired by a company created under company law(s) or under some specific statute, for a public purpose, the owners of acquired land would be entitled to 15% and not 25% compulsory acquisition charges---Where property was acquired by a company for its private holding, vesting and use, the owners of acquired land would have a right to 25% compulsory acquisition charges---Construction of airport was a public purpose and Civil Aviation Authority acquired land for such purpose, therefore, owners of acquired land were entitled to 15% compulsory acquisition charges and not…

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