Law:

Section:

Land Acquisition Act (I of 1894)-------Ss. 23 & 4---Determination of compensation---"Date of publication of notification", connotation---Appellant Development Authority assailed orders of the High Court whereby the compensation determined by the Reference Court for land acquired by the Development Authority, was upheld---Validity---Reference Court after considering the facts found that one third value of the small developed plot should be deducted towards development cost to arrive at the value of the acquired land, and the High Court did not interfere with said findings and therefore, no reason could be found to alter said percentage of deduction---Land Acquisition Officer, if in anticipation of acquisition had made any payment to a landowner; they would be entitled to credit therefor with interest from the date of payment to the date of publication of preliminary notification under S.4 of the Act---Rise in market value after publication of notification under S.4(1) of the Act should not be taken into account for the purpose of determination of compensation---­Words "date of publication of notification" used in S.23(1) "would refer to the date of publication of notification in the Gazette and was different to the context in which the said words were used in S.4(1) of the Act---Appeal was allowed partly and compensation was reduced in view of the findings recorded by the Supreme Court. ONGC Ltd. v. Rameshbhai Jivanbhai Patel (AIR 2008 SC (Supp) 465: 2008 AIR SCW 5947); Administrator General of West Bengal v. Collector, Varanasi AIR 1988 SC 943; Chimanlal Hargovinddas v. Special Land Acquisition Officer, Poona AIR 1988 SC 1652; K. Vasundara Devi v. Revenue Divisional Officer (LAO) AIR 1995 SC 2481: 1995 AIR SCW 3655; Basavva v. Special Land Acquisition Officer AIR 1996 SC 3168 : 1996 AIR SCW 1854); Shaji Kuriakose v. Indian Oil Corporation Ltd. AIR 2001 SC 3341: 2001 AIR SCW 3186); Atma Singh through L.Rs. v. State of Haryana AIR 2008 SC 709 : 2007 AIR SCW 7835; Kanta Devi v. State of Haryana AIR 2008 SC 3107 : 2008 AIR SCW 5241; Lal Chand v. Union of India AIR 2010 SC 170) (2009 AIR SCW 5810) and Justice G.P. Singh's Principles of Statutory Interpretation…

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