Back
M. A. CHOWDHARY
General Manager Northern Railways New Delhi – Appellant
Versus
Abdul Majeed Wani – Respondent
JUDGMENT :
1. The instant appeal is directed against the judgment/decree dated 23.01.2018 passed by Principal District Judge, Pulwama (hereinafter ‘Reference Court’ for short) in a Land Acquisition Reference U/S 18 of the Land Acquisition Act against the Final Award dated 23.07.2004 passed by the Collector Northern Railways ( ADC) Pulwama, in acquisition proceedings in terms of State Land Acquisition Act, for acquisition of land for Railway track in village Nihama of District Pulwama.
2. The impugned judgment has been assailed on the grounds; that the judgment is legally untenable and erroneous insofar as the trial court has not appreciated the objections, pleadings and the evidence in its right perspective by coming to the conclusion that the respondents are entitled to compensation of Rs. 37,48,000/- inclusive of Rs. 21.00 lacs received by the respondents under protest with 15% Jabirana alongwith 6% interest from the date of acquisition, till payment of the entire awarded amount; that the compensation enhanced to Rs. 37,48,000/- is totally bad in law as against the expert opinion without meticulously examining the record pertaining to various opinions and final expert opinion rende
The court ruled that compensation for land acquisition must be based on thorough assessment and expert opinions, rejecting arbitrary enhancements by lower courts.
: A Body Corporate cannot file appeal without seeking leave of court.
The main legal point established in the judgment is that the appellant's appeal was not maintainable as the appellant had not sought leave of the court to file the appeal, as required by the Land Acq....
The main legal point established in the judgment is the assessment of compensation based on the market value of the land at the time of notification under Section 4(1) and the determination of land v....
The main legal point established in the judgment is that the jurisdiction of the court in a reference petition under the Land Acquisition Act, 1894 is confined to answering the reference and cannot b....
The main legal point established in the judgment is the determination of compensation for acquired lands based on evidence, settled legal principles, and comparison of valuation in different villages....
Compensation for land acquisition must be based on current market value, informed by recent sale transactions and relevant valuation reports.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
