Law:

Section:

(a) Land Acquisition Act (I of 1894)-------Ss. 23 & 18---Determination of compensation---Land Acquisition Officer (Appellant) assailed orders of the High Court whereby in the appeal filed by the respondents, the compensation for the respondents was enhanced---Land Acquisition Officer contended that land was agricultural land and no conversion charges were to be paid to convert the same into non-agricultural land---Validity---Land ceased to be agricultural land and was capable of being used as a residential or industrial site as was determined concurrently by the courts below---Land Acquisition Officer did not challenge said finding of Reference Court in appeal, and therefore, could not question the same---Land was situated adjacent to residential locality and was in the midst of a highly developed industrial locality and was capable of being used for non-agricultural purposes and should, therefore, be considered as non-agricultural land in determination of compensation---Appeal was dismissed. Anjani Molu Dessai v. State of Goa and another (2010) 13 SCC 710 rel. (b) Land Acquisition Act (I of 1894)--- ----S. 23---Determination of compensation of large pieces of land on basis of comparison with sale deeds of smaller pieces of land---Principles---Certain circumstances could be there when sale deeds of small pieces of land could be used to determine the value of the acquired land which was comparatively large in area---Sale instances of large tracks of land were far and few; and said limitation of sale transactions of large tracks of land could not operate to the disadvantage of the claimants---Courts should look into sale instances of smaller pieces of land while applying the reasonable elements of deduction---Proposition that rate fixed for small plots of land could not be the basis for fixation of the rate of compensation could not be laid down as an absolute proposition---Where there was no other material, it may in appropriate cases, be open to the court to make comparison of the prices paid for small plots; and necessary deductions/adjustments had to be made while determining such compensation. Land Acquisition Officer, Kammarapally Village, Nizamabad…

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