Back
SANJEEV KUMAR
Paras Ram – Appellant
Versus
Collector, Land Acquisition, Assistant Commissioner Revenue, Jammu – Respondent
JUDGMENT :
1. This appeal by the appellants is directed against the judgment/award dated 27th August, 2014 passed by the learned District Judge, Jammu [“the Reference Court”] in file No.18/LA Act titled Paras Ram and others v. Collector Land Acquisition (ACR, Jammu) and another, whereby the market rate of the acquired land in village Satwari has been enhanced from Rs.1,45,000/-per kanal to Rs.2,07,500/- per kanal.
2. The impugned award is assailed by the appellant primarily on the ground that that the Reference Court has not appreciated the factors to be taken into account in terms of Section 23 of the Jammu & Kashmir Land Acquisition Act, Svt. 1990 [“the Act”] for working out the true market value of the acquired land at the time of issuance of notification under Section 6 of the Act. It is submitted that in the absence of any rebuttal to the oral as well as documentary evidence produced by the appellants, the Reference Court should have given due weightage to the evidence of the appellants in respect of market value of the land. It is stated that the Reference Court ignored the ample evidence brought on record, oral as well as documentary, to demonstrate that the market value of th
The main legal point established in the judgment is the application of Section 23 of the Jammu & Kashmir Land Acquisition Act, Svt. 1990, and the interpretation of legal precedents to determine the m....
The main legal point established in the judgment is the requirement for concrete evidence to determine the fair value of acquired land under the Land Acquisition Act, 1894, and the Court's authority ....
Acquisition of land – Fair and just compensation – Annual increase to determine just compensation varies from case to case and period to be applied is a major factor to be considered.
The court modified the compensation for acquired land, emphasizing the need for careful comparison of prior judgments and appropriate application of annual increase rates.
Once the market value of the land as on the date of publication of notification under Section 4(1) of the L.A. Act is so determined the land owner(s) shall be entitled to an amount @12% per annum the....
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
