Law: Land Acquisition Act, 1894

Section: 18

Law: Civil Procedure Code, 1908

Section: XXVI, Rule 9

REMARKS

(a) It is the consistent view of the superior courts that essential elements—such as the potential use and locational advantages of the acquired land—cannot be adequately assessed without the appointment of a local commission. The commission is tasked with inspecting the site and submitting a comprehensive report. In land acquisition matters, the appointment of such a local commission is considered a sine qua non for a fair and just assessment of compensation, regardless of whether any party has formally moved an application before the learned Referee Court.
(b) In the present case, the area where the land has been acquired lacks a formal land settlement record. In such circumstances, while determining the market value and potential value of the acquired land, courts typically rely on oral testimony corroborated by credible documentary evidence submitted by the parties—such as sale agreements of adjacent lands similar in character to the acquired property.