Searching Case Laws & Precedent on Legal Query..!
Scanned Judgements…!
Searching Case Laws & Precedent on Legal Query..!
Scanned Judgements…!
Fiar of the Land / Amount Agreed Between the Parties
Main Points and Insights:
READNIS JONI @ RADNIS vs ALEXIOUS MICHAEL ANGKANGON (ENCLS 45 46 & 97) - High Court Sabah & Sarawak Sandakan
"]). These agreements often specify the mode of payment, earnest amounts, and timelines for possession transfer.Procedural and Legal Formalities: The importance of following legal procedures, such as obtaining sanctions, clearance certificates, and proper registration, is emphasized (obtaining sanction, proper procedure, forfeited amounts, ["2024 0 Supreme(Telangana) 200"]).
Analysis and Conclusion:
References:- ["2024 Supreme(Online)(TEL) 8830"], ["2023 Supreme(Online)(MAD) 26816"], ["2023 Supreme(Online)(J&K) 135"], ["2023 0 Supreme(Bom) 1191"], ["2022 Supreme(Online)(Ker) 78482"], ["2023 0 Supreme(Mad) 196"], ["
READNIS JONI @ RADNIS vs ALEXIOUS MICHAEL ANGKANGON (ENCLS 45 46 & 97) - High Court Sabah & Sarawak Sandakan
"], ["MOHIDIN v. PERERA
"], ["2024 0 Supreme(Telangana) 200"]
In land acquisition cases, a common dilemma arises: should the (often based on market rates) take precedence, or does the hold binding force? This question, sometimes phrased as Fiar of the Land or the , is pivotal for landowners, developers, and acquiring authorities alike. Understanding this balance is essential to avoid disputes, ensure compliance with laws like the , and secure equitable outcomes.
This post delves into key principles, drawing from judicial precedents and legal frameworks. We'll examine binding agreements, market value considerations, and the role of consensus, while integrating insights from related cases. Note: This is general information; consult a legal professional for advice tailored to your situation.
Compensation in land acquisitions typically hinges on either statutory market value assessments or mutual agreements. Courts generally uphold when parties reach a consensus, as these reflect negotiated terms that align with legal provisions. However, fair market value serves as a baseline, especially absent agreement or in disputes over escalation.
For instance, parties may mutually settle on a rate like Rs. 3 lakhs per acre, which becomes enforceable if documented properly. 1988 0 Supreme(SC) 782 This approach streamlines proceedings and respects party autonomy under the .
When parties agree on compensation, it often supersedes rigid fair value calculations. Key elements include:
Compromise agreements are particularly robust. The Land Acquisition Officer must incorporate written terms into the award without further probe. 2005 0 Supreme(Raj) 865 This binding effect extends to and extras if specified. 2014 0 Supreme(All) 730
Relatedly, profit-sharing from land development—such as equal division of net sale profits—can form part of broader agreements. 2023 0 Supreme(Mad) 196
The explicitly allows mutual agreements for compensation, making them binding. Courts emphasize that these pacts must be respected, provided they comply with procedural norms.
Under other statutes like the , acquisition modes under Section 126(1)(a) and (b)—such as or —require consensus between parties. The modes of acquisition of land under , can be resorted to only when there is a consensus between the parties; when the parties are and not when there is dissension. 2025 0 Supreme(Bom) 279 2022 0 Supreme(Bom) 1042
Without agreement on TDR/FSI, monetary compensation under the becomes mandatory. Absence of agreement for TDR/FSI necessitates monetary compensation under the 2013 Act, as lawful acquisition processes were not followed. 2025 0 Supreme(Bom) 279
Mere approval of TDR/FSI requests does not commence acquisition unless a concluded contract exists; landowners may withdraw pre-consensus. 2022 0 Supreme(Bom) 1042
Fair value typically reflects at acquisition time, factoring location, land type, and rates. Courts assess comparable sales and escalations. For example, trial courts enhanced awards from Rs. 130 to Rs. 300-325 per sq. mtr. based on market evidence. 2020 0 Supreme(Bom) 852
Price escalations can challenge older agreements. 2020 0 Supreme(Mad) 3 Additionally, —like land becoming landlocked—warrants extra compensation, e.g., 5% of market value. 2020 0 Supreme(Bom) 852
In Madhya Pradesh cases, awards for acquired lands were scrutinized in writ petitions, highlighting procedural fairness. 2022 Supreme(Online)(MP) 14071
Balancing agreed amounts with fair value requires:
Courts guard against process abuse, as in false claims delaying justice. It is the duty and obligation of all courts to ensure that the legal system is not exploited by those who use the forms of the law to defeat or delay justice. 2018 0 Supreme(Raj) 757
Generally, agreed compensation prevails if consensual and documented, trumping pure fair value calculations under the Land Acquisition Act. However, absent agreement—particularly for non-monetary options like TDR/FSI—statutory fair market value applies, potentially with enhancements.
Recommendations:- Document all terms explicitly, including and delays. 2005 0 Supreme(Raj) 865- Seek consensus before proceeding, especially in planned developments. 2022 0 Supreme(Bom) 1042- Monitor market rates and consult experts for valuations. 2006 0 Supreme(Bom) 1066- Engage legal counsel to draft compliant agreements and navigate acts like 1894 or 2013 versions.
In conclusion, while fair value provides a safeguard, mutual agreements offer efficiency and certainty. Parties should prioritize clear, consensual pacts to minimize litigation. References: 1988 0 Supreme(SC) 782 2023 0 Supreme(Mad) 196 2022 0 Supreme(HP) 825 2005 0 Supreme(Raj) 865 2014 0 Supreme(All) 730 2006 0 Supreme(Bom) 1066 2020 0 Supreme(Mad) 3 2025 0 Supreme(Bom) 279 2022 0 Supreme(Bom) 1042 2020 0 Supreme(Bom) 852 2022 Supreme(Online)(MP) 14071 2018 0 Supreme(Raj) 757
This article is for informational purposes only and does not constitute legal advice.
#LandAcquisition, #FairCompensation, #PropertyLaw
Considered the submissions of the learned counsel for the respective parties and perused the record. This Writ Petition is filed seeking the following relief: “….to issue any appropriate writ, order or direction more particularly one in the nature of writ of mandamus declaring the inaction of the Respondents in not granting compensation to the petitioner for his agricultural land ... play and natural justice and also contrary to the provisions of the Land Ac....
The appellant/Company (Management) has agreed to remit the amounts as early as in 2013 and 24 instalments was granted by the Tribunal to pay the said amount. ... 2 / 6 https://www.mhc.tn.gov.in/judis W.A.No.96 of 2023 Tribunal, the learned counsel appearing for the employer has agreed to remit the amount and ... MR.JUSTICE J.SATHYA NARAYANA PRASAD Writ Appeal No.96 of 2023 and C.M.P.No.954 of 202....
, they will immediately process the matter with the competent Authority of the UT of Jammu and Kashmir for acquisition of the lands in accordance with the provisions of Right to Fiar Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013; and, (ii) In view of the ... the land holdings within a week’s time. ... fact that the ‘in principal approval’ has been given by the higher authorities, therefore, resp....
It was also agreed that the award of the year 1992 passed by the SLAO was not to be acted upon and the amount of compensation as granted prior to fifteen years was not binding on the parties. ... As per the terms and conditions agreed, the said petitioners agreed to sell land admeasuring 3 H 60 R equal to 9 acres to the APMC. The APMC passed Resolution on 17.02.2006 recording the aforesa....
R.SUNIL KUMAR A.SALINI LAL ARUN KRISHNA RESPONDENT/S: 1 THE BRANCH MANAGER INDUSIND BANK LTD, GROUND FLOOR FIAR TRADE CENTRE, TUDA ROAD, KOVILAKATHUMPADAM, THIRUVAMBADY.P.O, THRISSUR-680022. ... Having regard to the circumstances of the case and the situation now prevailing, apart from the submissions made as recorded above, I am of the view that the petitioner can be granted an opportunity to repay the overdue amount in '12' instalments and thereafter, if ....
LAND ACQUISITION OFFICER AND SUB DIVISIONAL OFFICER REVENUE UJJAIN (MADHYA PRADESH) 5. ... 22167/2022 as both the writ petitions have arisen out of the same impugned Award dated 24.8.2022 passed by the respondent No.4/Land Acquisition Officer Cum Sub-Divisional Officer (Revenue) Ujjain, District-Ujjain whereby, the respondent has acquired the land of the petitioners and ... Shri A.S.Kutumbale, learned Senior counsel appearing for the peti....
It was also agreed in case of land acquisition, in spite of best efforts to prevent the same by the parties, the land acquisition compensation amount shall be apportioned as agreed between them and approved by the land acquisition department. ... It was also agreed that in the event of land acquisition proceedings initiated by the Gov....
Statement Of Agreed Facts [11] The Statement of Agreed Facts (Encl 45) agreed by the parties read as follows: 1. ... The Vendor and the Purchaser hereby agreed and confirmed that the undivided share in the said land sold to the Purchaser shall be half undivided share and not 548/999 undivided share which the parties agreed for the said land#....
At the trial the following issues were agreed to between the parties: - (1) Whether the plaint disclosed any liability on the part of the detendant to pay the amount claimed. (2) Whether the defendant was affected by the mortgage decree in C. ... - This case must go back to have the issues which were raised between the parties determined. ... S., having entered into a planting agreement with V. that, until the ....
The defendant further agreed to get clearance certificate stating that it is not assigned land and no objection certificate from revenue authorities stating that land is not assigned land or surplus land under Land Ceiling Act. ... the amounts to third parties as token advances for the purchases of house plots were forfeited and moreover since the subject matter agreeme....
That being so, the modes of acquisition of land under Section 126(1)(a) and (b) of the MRTP Act, can be resorted to only when there is a consensus between the parties; when the parties are ad idem and not when there is dissension; not when they are at variance. That means these modes of acquisition are essentially at the choice of either of the parties and not just the acquiring authority, and are taken to their logical end when the consensus is arrived at between these parties. In the absence....
That means these modes of acquisition are essentially at the choice of either of the parties and not just the acquiring authority, and are taken to their logical end when the consensus is arrived at between these parties. That being so, the modes of acquisition of land under Section 126(1)(a) and (b) of the MRTP Act, can be resorted to only when there is a consensus between the parties; when the parties are ad idem and not when there is dissension; not when they are at variance. Thus, Acquisit....
These were lands in respect of which most of the development formalities were completed and partly the construction had commenced. The first and the second schedule of the agreement define the land subject matter of these agreements. It cannot be overlooked that when such large land is dealt under such articles of agreement it is being dealt only for exploiting its development potential, that is by utilising the FSI to be used for construction of building residential or commercial depending th....
One cannot think purchase of a land nearby Porur for the amount agreed between the parties at present. Efflux of time is also a factor to be considered while granting the relief of specific performance. These factors are also to be considered as mitigating factors and the likelihood of prejudice to be caused to the land owner.
After negotiation, it was agreed between the parties that the land would be sold by the complainant for a consideration of Rs. 6,00,000/-. Later on, the petitioner - Abhimanyu Tanwar paid Rs. 50,000/- in advance to the son of the complainant on 05.06.2017 and thereafter he also paid Rs. 2,00,000/- to him on 10.06.2017 on assurance given by the complainant. Thereafter, Rs. 1,00,000/- was also paid to the complainant on 21.06.2017 and the complainant has executed a power of att....
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