Law:

Section:

(a) Land Acquisition Act (I of 1894)--- ----Ss. 18, 23, 4, 25 & 9---Reference to court---Enhancement of compensation---Market value---Determination of---Procedure---Fair compensation---Determination of compensation by court notwithstanding the claim of landowner---Scope---Referee Judge enhanced compensation amount from Rs. 1506/- per marla to Rs. 15,000/- per marla along with compulsory acquisition charges and simple interest---Validity---Basic civic facilities were available in the land adjacent to the land under acquisition---Referee Judge had failed to appreciate the principles contemplated in S. 23 of Land Acquisition Act, 1894---Rate of compensation assessed by the Collector Land Acquisition for the land acquired in an award should not be made the basis of the land acquired through another award---Facts and circumstances of each case had to be considered separately for determination of fair rate of the land under acquisition---Land acquired through another award and present land were adjacent to each other having same characteristics---Compensation awarded to the adjacent land owners could not be ignored---Best mode for determination of market price would be to take into consideration the instances of sales of adjacent land made shortly before or after notification under S.4 of Land Acquisition Act, 1894---Price of adjacent land had been assessed to the tune of Rs. 125,000/- per marla by the High Court---When land owner had omitted for sufficient reasons to make such claim, then amount awarded to him by the Court must not be less than that and might exceed the amount awarded by the Collector Land Acquisition---Collector Land Acquisition was bound to prove the service of notice---Penal clause of S.25 of Land Acquisition Act, 1894 could only be invoked if service of said notice had been proved---Court could award amount of compensation over and above what had been claimed by the land owner in a reference provided sufficient material existed to justify the same---Land owner had claimed an amount of Rs. 70,000/- per marla as market value of acquired land in the present case---Reference Court was to consider evidence on record and examine whether Collector…

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