Tribunal against the determination by theLand Acquisition Officer of the net average monthly income. The Tribunal , which hears the appeal is one constituted under ... area is entitled to the amount for compulsory acquisition, which is equal toone hundred times the net average monthly in come derived during the period
Consistently with the test laid clown by Spens C. J., compulsory acquisition may include compulsory transference of possession for the beneficial enjoyment of the Government ... which provides for the compulsory control and management of a forest subject to payment to the landlord of the net profits accruing from the working
Maharao Sahib Shri Bhim Singhji vs Union Of India on 13 November, 1980
Bench: P
The State Of Bihar vs Maharajadhiraja Sir Kameshwar Singhof ... on 27 May, 1952
Equivalent citations
deducted therefrom under any of the provisions
of this. Act, the net amount of his loss
shall be payable to him by the local authority ... guaranteed under
Art. 31(2) , of the Constitution. Since the Act authorises
compulsory transfer of ownership in land to the local
authority for public purposes
special needs of a particular purchaser ; (ii) capitalization of the net annual profit out of the property at a rate equal in normal cases ... securities. Ordinarily value of the property may be determined by capitalizing the net annual value obtainable in the market at the date of the notice
preceding the take over
for the purpose of calculating the average annual net profit
was inappropriate as it did not reflect the true earning
capacity ... Constitution, as they stood originally,
were as follows:
"31. Compulsory acquisition of property.-
(1) No person shall be deprived of his property save
page, 362
"Rules enunciated by the courts for
determining compensation for compulsory
acquisition under the Land Acquisition Act
vary according to the nature ... made on the application of different
rules. Principle of capitalisation of net
rent at the current market rate on guilt-edged
securities, principle of reinstatement
special needs of a
particular purchase; (ii) capitalization of the net annual
profit out of the property at a rate equal in normal cases ... securities. Ordinarily value
of the property may be determined by capitalizing the net
annual value obtainable in the market at the date of the
notice
Raja Suryapalsingh And Ors. vs The U.P. Govt. on 10 May, 1951
Equivalent citations
