Search Results Page
Search Results
1 - 10 of 13 (0.22 seconds)The Land Acquisition Act, 1894
Section 18 in The Land Acquisition Act, 1894 [Entire Act]
Section 4 in The Land Acquisition Act, 1894 [Entire Act]
P.C. Goswami vs Collector Of Darrang on 8 August, 1980
In P. C. Goswami v. Collector of Darrang, AIR 1982 SC 1214 there was requisition under the provisions of the Assam Land (Requisition and Acquisition) Act, 1948. It was contended' before the Supreme Court that in the matter of payment of solatium no discrimination could be made between acquisition under the Assam Act and acquisition made under the Land Acquisition Act.
The State Of Kerala vs M.T. Devassia And Anr. on 27 October, 1976
This contention was upheld referring to the case of State of Kerala v. T. M. Peter "(supra) and observing that in that case it was held that there is no justification to discriminate between an acquisition made under one Act and an acquisition made under another Act in so far as the payment of solatium is concerned. The Supreme Court added that this should be more so in respect of an acquisition to which the State Government is empowered to extend the provisions of the Land Acquisition Act. The settled principle is that the interpretation of statutory provision should so far as reasonably practicably be such as is in confirmity and accords with the constitutionality thereof rather than otherwise. In this view also we are clear in our opinion that whereas in the instant case the award by the District Court was pronounced subsequent to July 3. 1972, when the U. P. Act XXVIII of 1972, had reintroduced Sub-section (2) of Section 23 of the Land Acquisition Act, there can be no objection taken to the solatium being awarded over and above the market value of the land involved. (See also the unreported decision of the Division Bench consisting of H. N. Seth J. and N. N. Mitthal J. in First Appeal No. 30 of 1972 dated August 23. 1979.)
Article 14 in Constitution of India [Constitution]
Maharashtra Land Requisition Act, 1948
Union Of India vs Shri Ram Mehar & Anr on 26 October, 1972
5. Thus, the compensation amount comprises not only the market value of the land but also the solatium. Compensation and market value are distinct expressions and have been used as such in the Land Acquisition Act. The key to the meaning ' of the word 'compensation' is to be found in Section 23 and that consists of the market value of the land and the sum of fifteen per centum on such market value which is stated to be the consideration for the compulsory nature of the acquisition. Market value is only one of the components in the determination of compensation. The additional amount of fifteen per cent, forms part of the amount of compensation because under Section 23 the compensation is to consist of amounts provided in Sub-section (1) and the additional amount calculated at the rate of fifteen per cent. On the market value of the land acquired vide Union of India v. Ram Mehar AIR, 1973 SC 305 (See also Mawahedduddin v. Collector, Hyderabad AIR 1984 Andh Pra 217).