advocatemmmohan
acquisition officer
land acquisition act=whether the reference court rightly awarded interest from the date of taking possession or not? The said issue is no longer res integra. It is now fairly well settled that the starting point for granting of interest is from the date of issuance of the notification, but not anterior to it. Therefore, the claimants are entitled to interest from the date of issuance of the notification i.e., on 30.08.1985 on the compensation including Solatium and additional market value with all statutory benefits, as per the law declared by the Supreme Court in V.Sunder v. Union of India (AIR 2001 SC 3516). The Appeal Suit (SR) is, accordingly, allowed in part. No order as to costs.
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESHAT HYDERABAD WEDNESDAY, THIS THE THIRD DAY OF AUGUST, TWO THOUSAND AND ELEVEN PRESENT HON’BLE SRI JUSTICE A.GOPAL REDDY AND HON’BLE SRI JUSTICE K.S.APPA RAO LA.AS.No.770 OF 2011 Between: Sub-collector, (Land Acquisition Officer) … appellant And Kumbam Ramlingam and others … Respondents This Court made the following: … Continue reading
Land Acquisition act = apex court confirmed the high court order in deducting 55 percent of the market value assessed on the basis of the exemplar sale deed, towards developmental charges, 5 percent towards waiting period, and 10 percent towards de-escalation.
1 “REPORTABLE” IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 1743 OF 2006 Chandrashekar (D) by LRs. and Others …. Appellants Versus Land Acquisition Officer and Another …. Respondents With CIVIL APPEAL NOS. 8899-8901 OF 2011 Basappa (D) & by LRs. and Others …. Appellants Versus Special Land Acquisition Officer, Gulbarga … Continue reading
LAND ACQUISITION COMPENSATION EXPERT OPINION-Shri Ravindra Ghanshyam Choudhari, who was examined by the appellants. This witness is a consultant in Agriculture and Horticulture. He personally visited the acquired land and gave the details of the trees standing on different parts of the land, their present and future age, condition, height, width, spread and annual fruit production capacity. The valuation made by him was amply supported by the market rates of fruits fixed by Agriculture and Horticulture Department of Government of Maharashtra. In the cross-examination, the witness stood by reports Exhibits 36 to 41 given by him. This being the position, the High Court had
NON-REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION C IVIL APPEAL NO. 5475 O F 2007 Chindha Fakira Patil (D) through L.Rs. … Appellant(s) Versus The Special Land Acquisition Officer, Jalgaon … Respondent With C IVIL APPEAL NO. 5477 O F 2007 C IVIL APPEAL NO. 5485 O F 2007 C IVIL APPEAL … Continue reading
land acquisition act = private land with tenancy encumbrances when acquired comparable sale can be adopted and land is worth for open market value as it is private land and not saddled with conditional purchase. Let us assume the value of a property which is not subject to any lease is Rs.Ten lakhs. If that property was subject to a lease and if the possession was with the lessee, a purchaser will offer only Rs.Five lakhs as he will be purchasing a property with an encumbrance and will not be getting physical possession. But when the property subject to a lease is acquired, under the Land Acquisition Act, 1894, what is acquired is not only the landlord’s right, title and interest, but also the lessee’s right and interest. In other words the property with all rights, free from
Reportable IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 8539 OF 2011 (Arising out of SLP (C) No. 982/2009) Rajendra Vassudev Deshprabhu (dead) Through Lrs. & Ors. … Appellants Vs. Deputy Collector (Retd.) & Land Acquisition Officer, Panaji … Respondents J U D G M E N T R.V.RAVEENDRAN, J. Leave … Continue reading
land acquisition act =acquired tenancy land =Having regard to section 2 of the Land Use Act, whether the acquired land should be valued only as agricultural land or whether it could be valued as land with development potential for being used as building sites?= It is not the case of the respondent that the land has been converted to non-agricultural use under sections 30 and 32 of the Land Revenue Code. In fact, before the issue of a purchase certificate on 6.5.1993, it may not be possible for a tenant-purchaser to apply for conversion to non- agricultural use. It is, thus, clear that the land in question was agricultural land as on the date when the Land Use Act came into force and when the land was acquired under the Land Acquisition Act. Therefore, the contention that it was not agricultural land, is rejected. 26. Consequently we allow the appeal filed by the Board and reduce the compensation awarded for land from Rs.100/- per sq.m. to Rs.55 per sq.m. The respondent will be entitled to all statutory benefits as awarded by the
1 Reportable IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 8540 OF 2011 [Arising out of SLP [C] No.149/2009] Goa Housing Board … Appellant Vs. Rameshchandra Govind Pawaskar & Anr. … Respondents With CA No. 8541 of 2011 (Arising out of SLP [C] No.9591/2009) and CA No. 8542 of 2011 (Arising … Continue reading
The annual income of a coconut tree must now be seen PW1 would state that a good variety of coconut tree will yeild one in 45 days, that about 30 to 45 nuts can be fot, and there will be 8 harvest in a year and 100 nuts would sell from Rs. 350/- to Rs. 500/-. PW2 would state that the coconut trees had grown very well, that they yeilded good nuts, that it belongs to the fall variety, that the yeild is about 200 to 250 nuts in a year and each nut has been sold at Rs. 3.30 to Rs. 4/-. PW3 the owner of the lands adjacent to the acquired land in his evidence would state that the coconut trees were planted in the lands 17 years back, that it has red soil and each tree would yeild about 200 to 250 coconut in a year. PW4 the Vedasandur Agricultural Development Officer who has been in Government service for the past 19 years would state in his evidence that these coconut trees are of the tall variety, it has good growth, that there would be 12 to 13 flowerings in a year in these trees and each flowering would have 10 to 15 nuts and there would be an yeild of 100 to 150 coconuts in a single tree and the trees would be 17 years old and each tree would yeild 120 coconuts. He in his report Exhibit C3 given to the Commissioner has stated all about the income, age, and type of the coconut trees present in the land belonging to the claimant. Sarangapani which is near the acquired lands. PW7 Rathina Nadar of Chozhavandan has stated that he used to purchase coconuts for a price from Sarangapani and Exhibit C8 is the bill given to Sarangapani on 04.03.1983. He has purchased 15190 nuts for Rs. 37,644/-. He has stated that the rate of the nuts would be arounds Rs. 2.50 to Rs. 3.00. It is argued on behalf of the petitioner on the basis of the said evidence that the annual income from a tree is Rs. 375/- and excluding the expenses the income is Rs. 334/- and the same is of minimum scale and it is insisted that the annual income of a single coconut tree must be calculated on the above said basis.
NON-REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.5797 OF 2002 R. Saragapani (Dead) through L.Rs. …….Appellants Versus The Special Tahsildar, Karur-Dindigul Broadguage Line …….Respondent With CIVIL APPEAL NO.5835 OF 2002 Soundararajan (Dead) through L.Rs. …….Appellants Versus The Special Tahsildar, Karur-Dindigul Broadguage Line …….Respondent J U D G M E N … Continue reading
Land Acquisition Act – (i) Whether in a reference made to the Reference Court under section 18 of the Act, the land owner is barred from amending the amount claimed in the reference application and seeking higher compensation; and even if he could seek amendment, whether such application should be made within the period of limitation mentioned in section 18 of the Act? (ii) Where the landowner has sought increase in compensation for only the land, in the application under section 18 of the Act, whether he can seek increase in compensation for the trees or structures also, before the Reference Court?
1 Reportable IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO…7784…… OF 2011 [Arising out of SLP [C] No.20741 of 2009] Shri Ambya Kalya Mhatre (d) Through legal heirs & Ors. … Appellants Vs. The State of Maharashtra … Respondents J U D G M E N T R.V.RAVEENDRAN, J. Leave granted. … Continue reading
Land Acquisition Act – Indisputably, for the purpose of computation of amount of compensation a large number of factors have to be taken into consideration, namely, nature and quality of land, whether irrigated or unirrigated, facilities for irrigation like existence of well, etc. presence of fruit-bearing trees, the location of the land, closeness to any road or highway, the evenness thereof whether there exists any building or structure.”
REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 2672 of 2004 SPL. LAND ACQUISITION OFFICER ….Appellant VERSUS MAHARANI BISWAL & ORS. ….Respondents JUDGMENT ANIL R. DAVE, J. 1. The present appeal is filed against the judgment and order dated 04.10.2001 passed by the High Court of Orissa whereby the High … Continue reading
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