Back
IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
SANDEEP JAIN
Sukh Ram Singh – Appellant
Versus
State of U.P. – Respondent
| Table of Content |
|---|
| 1. land acquisition details and initiation of proceedings. (Para 1 , 2 , 6) |
| 2. compensation award based on sales and objections. (Para 3 , 4 , 5) |
| 3. issues framed by the reference court. (Para 7 , 8) |
| 4. appellant's arguments regarding lack of notice and compensation inadequacy. (Para 9 , 10 , 11 , 12 , 13) |
| 5. contentions from the respondent regarding knowledge of proceedings. (Para 14 , 15) |
| 6. legal standards for determining compensation based on exemplars. (Para 19 , 28 , 30) |
| 7. evidence presented by appellant and lack of respondent's evidence. (Para 21 , 22 , 23 , 24 , 25 , 26) |
| 8. court's decision on time-bar issue and compensation standards. (Para 39 , 40) |
| 9. final judgment and order for enhanced compensation. (Para 42 , 43 , 44) |
JUDGMENT :
Sandeep Jain, J.
1. The instant appeal under Section 54 of the Land Acquisition Act, 1894 (the Act) has been preferred by the landowner against impugned judgment and order dated 22.01.1993 passed by Third Additional District Judge, Aligarh rejecting the Land Acquisition Reference No. 11 of 1990, Sukhram Singh versus State of UP, by holding that the Collector/Special Land Acquisition Officer (SLAO) has awarded the correct amount of compen
Knowledge of award impacts the limitation period for seeking reference under land acquisition, and the highest sale exemplar must be prioritized for compensation valuation.
Limitation under Section 18(b) of Land Acquisition Act runs from actual/constructive knowledge of award contents if no Section 12(2) notice; market value from pre-notification sales with escalation.
The market value of the land for the purpose of determining the compensation should be assessed by considering the smallness of the plot, the highest exemplar, and the purpose of acquisition, and by ....
The importance of contemporaneous sale transactions and the potential unreliability of evidence with a gap of more than four to five years.
(1) Acquisition of land – Quantum of compensation – Process of assessing or affixing compensation is not tethered to precision but is rather aimed at a nuanced estimation of pertinent factors.(2) Acq....
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
