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1 - 10 of 28 (0.45 seconds)Section 18 in The Land Acquisition Act, 1894 [Entire Act]
Section 48 in Maharashtra Industrial Development Act, 1961 [Entire Act]
Trishala Jain & Anr vs State Of Uttaranchal & Anr on 5 May, 2011
5. In the case of the claimant pertaining to First Appeal
No.56 of 2006, it has been already held above that the sale
deed pertaining to land located in Survey no.20/2 could be
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91 FA56-06& ors.odt
taken into consideration as a basis for estimating the market
value of the land on the date when the Notification was issued
under Section 32(2) of the MID Act. Applying the same
principle, since the land of the respondent no.1 in the present
case also is on the Yavatmal- Darwha road and it is adjoining
the already existing industrial estate in village Lohara, like the
land of the claimant pertaining to First Appeal No.56 of 2006,
the same formula can be applied. On that basis, it can be held
that the value of the land of the respondent no.1 in the present
case would have been about Rs.1,00,000/- per hectare in the
year 1992 and granting cumulative annual increment of 10%
for three years upto 1995 when the said Notification was
issued, it would come to Rs.1,33,100/-. Since the land in the
present case is located on the other side of the Yavatmal-
Darwha road, as compared to the land of the claimant in First
Appeal No.56 of 2006 and its location is otherwise identical to
the said land, for non-agricultural potentiality a further amount
at the rate of Rs.65,000/- per hectare could be added. Some
amount of guesswork is inevitable in such circumstances and
while arriving at the said figure, the principles laid down by the
Hon'ble Supreme Court in the case of Trishala Jain .vs. State
of Uttaranchal (supra) have been taken into consideration.
Thressiamma Jacob & Ors vs Geologist,Dptt.Of Mining & Geology ... on 8 July, 2013
In the present case also, the learned counsel appearing
on behalf of the respondent No.1 has relied upon the aforesaid
judgment of the Hon'ble Supreme Court in the case of
Threesiamma Jacob .vs. Geologist, Deptt of Mining and
Geology, (supra), but, in the light of the aforesaid position of
law, it cannot be of assistance to the respondent no.1.
Section 4 in Maharashtra Industrial Development Act, 1961 [Entire Act]
Section 44 in Maharashtra Industrial Development Act, 1961 [Entire Act]
Maharashtra Industrial Development Act, 1961
Union Of India vs Pramod Gupta (D) By Lrs. & Ors on 7 September, 2005
Similarly the judgment of the Kerala High
Court in State of Kerala (supra) requiring
valuation of the minerals to be taken into
consideration also cannot be made applicable
in view of observations made in para
74 of the judgment in Union of India
(supra) that have been reproduced herein
above.