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RAJNESH OSWAL
Director Urban Local Bodies – Appellant
Versus
Hans Raj – Respondent
JUDGMENT :
1. This appeal filed under section 52 of the Jammu and Kashmir Land Acquisition Act, 1990 (for short ‘the Act’) arises out of the judgment/award dated 31.03.2016 passed by the court of learned Principal District Judge, Bhadarwah (hereinafter to be referred as ‘the reference court’) in reference, titled, “Hans Raj and others vs Collector, Bhaderwah and Anr” bearing file No. 10/Reference, whereby the learned Reference Court has enhanced the compensation payable by the appellants to the respondents/owners for the land acquired by the appellants.
2. The award has been impugned by the appellants on the following grounds:
b) That the market rate of the small piece of land cannot be taken into consideration for determining the market rate for big chunk of land.
3. Mr. S. S. Nanda, learned Sr. AAG appearing for the appellants argued t
The market value of the acquired land can be determined by considering evidence such as sale deeds and witness testimonies, and making reasonable deductions for developmental costs.
The main legal point established in the judgment is the application of the principles of 'Reduction and Deduction' and valuation of agricultural land in determining just and fair compensation for acq....
The main legal point established in the judgment is the application of principles for determining the market value of acquired land, including the relevance of purpose of acquisition, deductions for ....
Land Acquisition - Ex-parte proceedings - it is not possible to fix compensation with exactitude or arithmetic accuracy. Depending on the facts and circumstances of the case, the court may have to ta....
(1) Acquisition of land – When large extent of lands are acquired and if sale exemplar, also for large extent is available on record it would be safer to rely on same if they are comparable transacti....
Acquisition of land - Quantum of compensation - Court is guided by relevant and admissible evidence and practical or pragmatic ways of commercial transactions, suitable adjustment towards deduction f....
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