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1 - 10 of 25 (0.31 seconds)The Land Acquisition Act, 1894
Section 28 in The Land Acquisition Act, 1894 [Entire Act]
Section 26 in The Right To Fair Compensation And Transparency In Land Acquisition, Rehabilitation and Resettlement Act, 2013 [Entire Act]
The Right To Fair Compensation And Transparency In Land Acquisition, Rehabilitation and Resettlement Act, 2013
The Indian Stamp Act, 1899
State Of Kerala vs Mathew ( M. M. ) And Anr on 18 August, 1978
46. Coming to the decision of the coordinate bench of this Court
in Mathew (supra), we find none of the decisions of the Supreme Court
especially in Pal Singh(supra) and Central Warehousing Corporation
(supra) and the statutory framework of the Act which has been taken
note by us were considered. Hence, we are of the view that the decision
cannot be seen as laying down an absolute proposition of law. Thus, we
reject the argument of the State and hold that the market value fixed in
an earlier acquisition under the erstwhile Land Acquisition Act, 1894
can be looked into for the purpose of determining the market value
under the new Act.
Section 18 in The Land Acquisition Act, 1894 [Entire Act]
Section 31 in The Land Acquisition Act, 1894 [Entire Act]
G.M., Oil & Natural Gas Corporation Ltd vs Rameshbhai Jivanbhai Patel & Anr on 31 July, 2008
23. Even if we are inclined to accept the suggestion made by the
learned counsel for the appellants that document No.3623 of 2008,
mentioned in Ext A15 be considered as an exemplar, we will not be able
to arrive at the correct market value of the land. This is for the simple
reason that the exemplars which are in proximity with the land acquired
is of the year 2008. Therefore, only if there is no legal impediment in
taking the documents mentioned in Ext.A15 as exemplars, we will be
justified in applying the escalation which is permissible going by the
principles laid down by the Apex Court in General Manager, Oil and
Natural Gas Corporation (ONGC) Limited vs. Rameshbhai Jivanbhai
Patel and Another [2008 (14) SCC 745]. But still the documents
mentioned in Ext.A15 as exemplars alone will not be sufficient for the
L.A.A. No.226 of 2020 and
Connected cases 76 2025:KER:8449
purpose of determining the market value. There should be other
documents also for comparison to arrive at a market value. In the
peculiar facts of this case, we are left with no option but to take Ext.B4,
which is 184 meters away from the land acquired, although it is not
advantageous compared to the land acquired and the land covered by
Ext.A15.