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1 - 10 of 13 (0.28 seconds)Section 23 in The Land Acquisition Act, 1894 [Entire Act]
Section 6 in The Land Acquisition Act, 1894 [Entire Act]
Section 18 in The Land Acquisition Act, 1894 [Entire Act]
Section 24 in The Land Acquisition Act, 1894 [Entire Act]
Section 28 in The Land Acquisition Act, 1894 [Entire Act]
Administrator General Of West Bengal vs Collector, Varanasi on 16 February, 1988
"10. The High Court appears to have taken notice of the
aforementioned criteria and has given some discount in
compensation as the land under Exhibit 1 is a very small piece of
land and the land acquired in the case in hand is much larger in
size. After giving the said discount, the High Court computed the
compensation at the rate of Rs. 3,00,000/- per acre for the acquired
land. While determining compensation, some conjecture is
unavoidable as it is generally not possible to have any documentary
evidence of sale of land of similar nature and in the near vicinity of
the acquired land. The value shown in Exhibit 1 cannot be assessed
as the value of the acquired land for the reason that the said land
which is sold under Exhibit 1 is a very small piece of land, whereas
the acquired land being a large tract of land. This Court has held in
Administrator General of West Bengal v. Collector, Varanasi,
reported at (1988) 2 SCC 150, that where large tracts of land are
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[2026:RJ-JD:22622] (26 of 35) [CMA-1218/2025]
required to be valued, valuation in transactions with regard to small
plots is not to be taken as the real basis for determining the
compensation of large tracts of land. It follows that where the
market-value of large block of land is determined on the basis of
sale transactions for smaller property, appropriate deduction has to
be made for making allowance for the loss of the acquired land
required to be used for internal development such as construction of
roads, drains, sewers, open spaces and the expenditure involved in
providing other amenities like water, electricity etc. The extent of
area required to be set apart has to be assessed by the Court having
regard to the shape, size and situation of the concerned block of
land."
The Right To Fair Compensation And Transparency In Land Acquisition, Rehabilitation and Resettlement Act, 2013
Sunita vs Rajasthan State Road Transport ... on 14 February, 2019
4. Through the present appeal, the appellant - RIICO has
challenged the Judgment dated 22.11.2024 passed by the
Additional District Judge No.1, Hanumangarh in Land Acquisition
Reference Case No. 03/2013 titled 'Sunita vs. State of Rajasthan
& Ors.' whereby the private respondent's application filed under
Section 18 of the Land Acquisition Act, 1894 was allowed and the
compensation awarded for the acquired agricultural land
measuring 0.468 hectares situated at Chak 14 S.S.W., Tehsil
Hanumangarh was enhanced to ₹33,99,580 per hectare along with
statutory benefits including solatium and interest.
Shaji Kuriakose And Anr vs Indian Oil Corpn. Ltd. And Ors on 14 August, 2001
49. However, notwithstanding the aforesaid observations, this
Court finds that evaluative exercise undertaken by the Reference
Court remains incomplete in material respects. Though the
Reference Court noticed the governing legal principles, it did not
undertake a comparative analysis of Ex.6 vis-à-vis Ex.A/1 to
Ex.A/3 on the parameters mandated in Chimanlal Hargovinddas
(supra) and Shaji Kuriakose (supra). Mere observation that Ex.A/1
to Ex.A/3 were "not relevant" does not satisfy the requirement of
a reasoned determination, particularly when the exemplars
produced by RIICO were contemporaneous transactions relied
upon by the acquiring authority itself.