Law: Land Acquisition Act, 1894

Section: 4,6,10,31,34

(a) Land Acquisition Act (I of 1894) --------- ----------Ss.4, 6 & 10 --------- Acquisition of land --------- Contention of land owners was that acquired land was 'chahi' as was being irrigated from tube well installed by Irrigation Department, therefore, Referee Judge fell into error by treating land as 'Maira' instead of 'chahi' --------- Validity --------- Land owners had admitted in appeal and record would also support their contention that tube well was installed in village "M" while the land was being acquired in village 'A' --------- Khasra wherein non-functional tube well was shown as installed was not part of acquired land --------- Land owners failed to prove on record that their land was irrigated from tube well located at a considerable distance in another village --------- Acquired land was continuously recorded as 'Maira' showing no change in nature of land even in post installation period --------- Contention of land owners was repelled. (b) Land Acquisition Act (I of 1894) --------- ----------Ss. 31 & 34 --------- Acquisition of land --------- Compensation --------- Contention of land owners was that the Award fixed Rs. 112761/- as compensation for one kanal of all kinds of land acquired for the same purpose but in adjoining village compensation of 'Maira' kind of land was fixed at Rs. 78591/- per kanal --------- Validity --------- Flat rate of Rs. 112761/- for all three kinds of land i.e. Maira, Rakkar and uncultivated in village could not form a valid basis for fixation of compensation for only 'Maira' kind of land which was fixed at a lower rate i.e. Rs. 78591/- per kanal in adjoining village --------- Report of local commissioner also did not reflect fair and just valuation of acquired land as he did not furnish any justification or basis for fixation of compensation at Rs. 3,00,000/- per kanal which was rightly discarded from consideration by Referee Judge who had appointed local commissioner for determination of fair and just compensation for acquired land --------- Appeals to the extent of fixation of compensation at the rate of Rs.85000 per kanal for "Maira" kind of land were dismissed --------- Levy of 25% compulsory acquisition…

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