Land Acquisition Act of 1894 – Section 23(1) – In determining compensation for acquired land, the Court must consider the ‘market value’ of the land- smaller parcels of land conventionally command higher prices. Relying on sale exemplars also, especially when only single solitary such instances are presented, may thus not be appropriate. However, there is …
Land Acquisition Act, 1894-Section 5A– It codifies the fundamental safeguard of audi altrem partem. Landowners have the opportunity to demonstrate that the 10 acquisition is against public purpose or marred by mala fides. In the event the landowner presents a cogent case, the appropriate government may exempt such land from acquisition. By enabling landowners to …
RFCTLARR, 2013; Section 101 – Beneficial provision for the landowners whose lands were usurped but remained unutilized or were not used in accordance with the purpose stated in the notifications under Section 4. However, the application of the Section is warranted only in the circumstances where the return of the land would benefit the landowners. …
Ultra Tech Cement Ltd. vs Mast Ram 2024 INSC 709 – Land Acquisition – RFCTLARR Read More »
Land Acquisition Act,1894- Sale exemplars reflecting the prices paid by a willing buyer to a willing seller would be the most relevant piece of evidence for determination of such value.3 25. However, for utilizing these sale deeds as the foundation for determining compensation, it is imperative that these sale instances satisfy certain criteria of comparability. …
Land Acquisition Act, 1894; Section 5A- A “person interested” under Section 5A(1), can seek annulment of the acquisition process if no opportunity to file objections, is accorded. However, such person cannot seek hearing as a statutory right unless has lodged the objections. (Para 22) Land Acquisition Act, 1894; Section 4- Notification issued under Section 4 …
New Okhla Industrial Development Authority vs Darshan Lal Bohra 2024 INSC 508 Read More »
Land Acquisition – The purpose for which the land is acquired must be taken into consideration while determining development charges- market value is determined based on the price of a willing buyer- a willing seller at arm’s length – When there is a choice between an exemplar where the transaction is between unrelated parties dealing …
Kazi Akiloodin vs State Of Maharashra 2024 INSC 505 – Land Acquisition Read More »
RFCTLARR Act, 2013 ; Section 3(e)-The Collector would be deemed to be the “appropriate Government” under the proviso to Section 3(e) of the Act of 2013 only when a land acquisition notification is issued by the appropriate Government that is the State Government indicating the limits of the area to be acquired for a public …
Dinesh vs State Of Madhya Pradesh 2024 INSC 418 – Land Acquisition – RFCTLARR Read More »