Search Results Page
Search Results
1 - 10 of 29 (0.32 seconds)Section 4 in The Land Acquisition Act, 1894 [Entire Act]
Raj Bala vs Union Of India (Uoi) And Ors. on 22 July, 2003
25 The Ld. Counsel for the petitioners herein has relied upon the
same arguments which were addressed by the counsel for the
petitioners in the case of Raj Bal Vs UOI on the aspect if this
reference court does not consider the sale deeds proved by the
petitioner in his evidence, however not admitted by the counsel for
the petitioners, for fixing the market value of the acquired land and
Page numbers
the reference court agrees with the rate fixed by the LAC as per the
indicative price fixed by the Govt. of NCT of Delhi then the
petitioners are entitled to increase @ 11.5% per annum on the
compensation amount assessed by the LAC from 09.08.2001 i.e. the
date of indicative price fixed by the Govt. for agricultural land to
18.07.2003 i.e. the date of notification u/s 4 of the LA Act. In this
context, the counsel for petitioners has relied upon the aforesaid
judgment dt. 11.05.2006 passed by the Hon'
ble High Court of Delhi
in LA Appl. No.866/2005 along with other LA Appl nos.
Sh. Mahender Singh vs Union Of India (Uoi) And Ors. on 11 May, 2006
in the case
entitled as Sh.Mahender Singh Vs UOI & Ors. In the said judgment,
the Hon'b
le High Court of Delhi also referred its own judgment
dt.27.04.2006 in LAAPP No.91/2005 passed by the Hon'
ble High
Court of Delhi in Gajraj Singh Vs UOI & Anr wherein it was held
that:
Chet Ram Vashisht And Ors. vs Union Of India on 7 August, 1990
In the reported judgment dt. 19.04.1991 titled as Chet Ram & Ors. Vs
UOI 44 (1991) DLT 378 (DB), it was held by the Hon'
ble High Court
that :
Rameshwar Solanki vs Union Of India on 3 February, 1995
Even in the
cases of A. Mangla Gauri and Rameshwar Solanki (Supra) relied
upon by the claimants, 1/3 deduction was held to be just and
fair. Ex.P3 in our opinion could not have been ignored by the
Ld. Reference Court. Golden Rule of Averages could have been
safely applied by the Reference Court for determining the fair
market value of the land. Ex.R4 indicates the value of the
agricultural land in village Mundaka @ Rs.1 lakh per bigha.
This sale deed was executed on 14.03.1994 i.e. nearly 6 months
subsequent to the date of notification dt. 15.10.1993 issued under
section 4 of the Act while Ex.P3 was executed on 27.02.1990
whereby the land in village Mundaka was sold for Rs.1,25,000/
per bigha. Giving a reasonable increase on the value reflected in
Ex.P3 for the intervening period of 3 years, the amount would
come to nearly Rs.1,70,000/ per bigha while reducing the
amount of R4 at the same rate for the intervening period of 6
months, the amount would come to Rs.94,000/ per bigha and
average of both of them would give market value of Rs.1,32,000/
per bigha.''
Kehar Singh And Ors. vs Punjab State Through Land Acquisition ... on 11 April, 1991
(b) The claimants would be entitled to increase in the
awarded amount of comepnsation from 1st April, 1996 to
15th November, 1996 (the date of notification under section
4 under the Act) @ 11.5% compounded annually on the
compensation awarded by the Reference Court/ Collector
that would roughly give them total enhanced compensation
of Rs.1,99,904.68 p. Per bigha.....''
In the reported judgment in LPA No.279 of 1984 as Kehar Singh &
Ors. Vs Punjab State through Land Acquisition Collector, Punjab,
PWDB & R, Jullundur & Ors 148 the Punjab Law Reporter (Vol. CI
Page numbers
19921), it was held by the Hon'b
le Punjab & Haryana High Court
that :
Ludhiana Improvement Trust vs Brijeshwar Singh Chhal & Anr. Etc on 19 March, 1996
In the judgment
dt.19.03.1996 reported as Ludhiana Improvement Trust Vs
Brijeshwar Singh Chhal & Anr. (1996) 9 SCC 188, it was held by the
Hon'b
le Supreme Court that :
Smt. Indira Sohan Lal (Dead) By Lrs vs Union Of India on 25 October, 1996
'
'Belting is a fair principle to determine just and adequate
compensation lest unjust award would ensure. When a
large extent of land is acquired, land abutting the roads or
developed area and interior land do not command the same
market value. When it is proved that the lands are situated
in a lowlying area, obviously the lands situated at a levelled
area would command higher market rate than the lands
situated in a lowlying area.'
'
Page numbers
In the reported judgment dt. 25.10.1996 passed by the Hon'
ble
Supreme Court in Civil Appeal No.14553 of 1996 in the case entitled
as Smt.Indira Sohan Lal (dead) by LRs Vs. UOI AIR 1997 SC 1907, it
was held that :
Pohla Singh @ Pohla Ram (D)By Lrs. & Ors vs State Of Punjab & Ors on 5 May, 2004
In the reported judgment dt. 25.07.1995 titled as Topandas
Kundanmal, since deceased thereafter by his heirs and LRs & Ors. Vs
State through the Land Acquisition Officer, Jamnagar & Ors. (1995) 5
SCC 336, it was held by the Hon'
ble Supreme Court that :