Law: Land Acquisition Act, 1894

Section: 4,28

Law: Land Acquisition Act, 1894

Section: 4,28

Land Acquisition Act (I of 1894)-------Ss. 4, 11, 18, 23 & 54---Acquisition of land---Payment of compensation---Determination of value of acquired land---Criterion---Reference to Referee Court---Appeal---Land of land owners was acquired and Land Acquisition Collector awarded compensation at Rs.846/26 per Marla which had not been accepted by the land owners and they filed Reference Petition under S.18 of Land Acquisition Act, 1894---Referee Court after hearing the counsel for the parties and perusing the data available on record enhanced the compensation to Rs.3,500 per Marla---Authorities being aggrieved and dissatisfied from the of the Referee Court had filed regular first appeal---Validity---Site plan of the acquired piece of land would show that suit land was a levelled tract situated on main road and was not only commercial in nature, but also suitable for building sites---Evidence on record had fully proved that acquired tract of land was situated on the main metalled road and that major portion of frontage of disputed Khasra number, which touched the main road had been acquired from the land owners; in that situation high potential nature of the suit land was proved from the record of the case--.-Contention of the counsel for the authorities, that the acquired land was `Shah Nehri' as recorded in the revenue record and it should have been assessed by the Land Acquisition Court as `Shah Nehri', was without any substance for the reason that the land could be recorded as `Shah Nehri', but the court had to take into consideration the location of the land, the high potentiality of the same and its proximity to road to find out as to whether it could be utilized for building purposes---One year average was not always a true criterion for determination of the market value of the acquired land---Expropriate land owners should be paid the compensation and not the price of the acquired land and the location, proximity to road and its future use should always be taken into consideration---Market value of the property had always to be determined with respect to the location, potentiality and the transaction of the similar land at the time of notification under…

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