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IN THE HIGH COURT OF ORISSA AT CUTTACK
B.P. ROUTRAY
Land Acquisition Officer, Sambalpur – Appellant
Versus
Jailal Dash – Respondent
| Table of Content |
|---|
| 1. introduction and factual background of the case. (Para 1 , 2) |
| 2. claimant's assertion for enhanced compensation. (Para 3 , 7) |
| 3. evidence and assessment of potential value of land. (Para 4 , 5 , 6) |
| 4. court's analysis on market value determination. (Para 8 , 9) |
| 5. conclusion and dismissal of the appeal. (Para 10 , 11) |
JUDGMENT :
B.P. Routray, J.
1. Present appeal is directed assailing order dated 4th March 1982 of the learned Sub-Judge, Bargarh passed in a reference under Section 18 of the LAND ACQUISITION ACT , 1894 in L.A. Misc.Case No.141 of 1978.
2. The land of the claimant-Respondent measuring Ac.0.49 decimals in M.S. Plot No.8391 of nature ‘Berna’ in mouza Bargarh was acquired vide declaration No.28338 dated 26th April 1978 published in Odisha Gazette No.675 dated 16th May 1978 for construction of Cooperative Training Institute, along with some other lands. The compensation amounting to Rs.4,508/- was assessed by the Land Acquisition Authorities including additional compensation and statutory interest for the said land belonged to the claimant, which was paid to him and received with objections.
3. The claimant then preferred an application under Section 18 of t
The court emphasized that the best evidence of land value in acquisition cases is based on contemporaneous sales of similar land, considering location and potential. The court upheld the referral cou....
The timing of a land sale deed relative to acquisition notification is crucial; sales post-notification cannot serve as a basis for enhanced compensation under the Land Acquisition Act.
Assessment is to ensure that land owner gets fair compensation and his claim is not fanciful or imaginary. In assessing a sale transaction, what is paramount to assess is, whether it was the price of....
While considering the just compensation payable to a land holder, it is not necessary that the Court should confine fixing of compensation based on the compensation actually sought by the claimants a....
Point of Law : Land Acquisition and Requisition – Acquisition of land - Assessment of compensation - An assessment of the compensation payable for land acquired must take into account several factors....
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....
Market value for compensation must reflect actual conditions and potential of the land, based on comparable sales, excluding speculative advantages from acquisition schemes.
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