Law:

Section:

(a) Land Acquisition Act (I of 1894)-------Ss. 18, 34, 31, 4, 17, 11, 25, & 23---Reference to court---Payment of interest---Respondent filed reference petition for grant of 8% compound interest on the compensation paid which was accepted from the taking of possession till the actual payment---Validity---Collector Land Acquisition had not granted 8% compound interest despite the fact that respondent and other landowners were dispossessed prior to payment of compensation for which the affected landowners were entitled---Land of respondent was taken into possession on emergency basis prior to making of award and compensation amount was not deposited with the court---Landowner/respondent had received the compensation amount without protest but he had raised objection on non-payment of compensation for trees and crops---Neither the compensation amount was deposited with the court after taking possession nor the respondent had asked for enhancement in the rate of compensation---No valid exception could be taken to the well-reasoned findings of the Referee Judge---Appeal of acquiring authority was dismissed. (b) Land Acquisition Act (I of 1894)--- ----Preamble---Procedure, steps and purpose for acquisition of land---Provisions of Land Acquisition Act, 1894 were self-contained for acquisition of land and payment of compensation---Part second of the Act commenced with a mandate that the authority should issue notification where after objections were invited and having disposed of the objections the Collector was expected to make award---Part third dealt with the procedure of making a reference to the court which spelt out as to what factors were to be taken into consideration and what should be ignored---Legislature had laid down the procedure and the guidelines which had to be adopted with regard to the acquisition of land and payment of compensation---Court was bound to follow the legislative intent which was of relevancy when the court was interpreting the law---Object of the Act was to fulfil the various purposes to serve the public interest for which land had been acquired with other statutory benefits---Power of compulsory acquisition had an element of duty…

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