Law: Land Acquisition Act, 1894

Section: 18,34,154

Land Acquisition Act, 1894 (I of 1894)-- ----Ss. 18, 34 , 154--Acquisition of land--Assessment of price--Award was announced--Filing of reference--Dismissed--Reference was dismissed after post remand proceedings--Delay in completing acquisition proceedings--Opportunity to raising objections--Non-producing of evidence by respondents regarding fixation of average price--Officials of price assessment committee were not produced in evidence--Prima facie--Findings of referee Judge were not challenged by respondents--Challenge to took five years and three months to complete acquisition proceedings--The price may have escalated during this period and this escalation has to be kept in view while assessing potential value of land did not produce any evidence to prove average price fixed by revenue staff and awarded to appellants whereas appellants produced voluminous evidence on support of their claim--None of officials of Price Assessment Committee were produced--The Collector mechanically fixed amount of compensation on basis of average price assessed--It is duty of respondents to provide information on basis of which compensation was determined and then to prove it through confidence inspiring evidence--The appellants led prima facie evidence in support of averments made in reference application which was enough to shift onus on respondents--The Referee Court failed to discharge its function in accordance with law--Reference of appellants is within time and decided it in favour of appellants and against respondents--The respondents did not file any appeal or cross-objection with regard to findings of Referee Court, attained status of finality--Appeal allowed. Land Acquisition Act, 1894 (I of 1894)-- ----Ss. 18--Opportunity to objections--Section 18 of Act provides an opportunity to a person to raise grounds and objections with regard to award and cast duty upon Referee Court to determine compensation of land which is subject matter of acquisition. Land Acquisition Act, 1894 (I of 1894)------S. 23--Assessment of compensation--The assessment of compensation is made in light of Section 23 of Act which stipulates guiding principles for Courts to consider compensation one…

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