Law: Land Acquisition Act (I of 1894)

Section: 23

  Land Acquisition Act (I of 1894)-- ----S. 23---Amount payable to owner for acquisition of his land---Words "compensation" and "price" ---Connotation and distinction---Amount to be paid to owner for acquiring his land is not "price" thereof, but "compensation"--"Compensation" is always higher than "price" as numerous factors have to be considered while forcing owner to part with his property as against making payment to willing, seller. Land Acquisition Act (I of 1894)--- ----S. 18---Reference to Court---Duty of referee Court---Collector would entertain objections to his award in terms of S.18, Land Acquisition Act, 1894 and same would be forwarded as reference to Civil Court---In matter of reference Civil Court despite being Court would have to act like arbitrator and was supposed to fix perfectly fair compensation, almost ignoring slight laxities of parties. Land Acquisition Act (I of 1894)--- ----S. 23--Compensation for acquired land---Requirements---Land in question being situated on highway was within municipal limits of town---Potentiality of land in question, was such that one modern hotel, was being constructed to north of land---Residential houses of people were located close to land in- question, important offices and official bungalows were just across the road---Rest house presenting panoramic view and Sessions House were also across the road-- Offices and official residential colony was to the west of acquired land-- Residential bungalows were to the south and close by was another residential colony---Such excellent location was altogether ignored by Court below---High Court set aside compensation awarded by Court below and enhanced amount of compensation in accordance with its market value alongwith 15 per cent. compulsory acquisition charges and 6 per cent. simple interest from the date of taking possession till time of payment. Ch. Kehar Singh v. Union of India AIR 1963 Pb. 497; Din Muhammad v. General Manager, Communications PLD 1978 Lah. 1135; Province of Punjab v. Maulvi Muhammad Faizan PLD 1980 Lah. 632; Land Acquisition Collector v. Abdul Qayum   Malik 1980 SCMR 63;…