PDA

View Full Version : 1. Introduction: Land acquisition act empowers government to acquire land only for



vustudents
08-30-2012, 09:43 PM
Q. What matters be ignored by the reference court is determining the compensation of land acquired under the land acquisition act. (2000)(2001)(2004)(2005)
1. Introduction:
Land acquisition act empowers government to acquire land only for public purpose or for companies. compensation is determined and paid to those private persons or bodies whose land is so acquired. different matters are kept in view while determining the value of the property which is acquired.
2. Relevant provisions:
Sec. 24 of land acquisition act.
3. Meaning of compensation:
Osborn's concise law dictionary:
A payment to make amends for loss or injury to person or property or as recompense for some deprivation.
4. Matters to be neglected in determining compensation:
Following matters shall not be taken into consideration in determining the compensation.
(i) Degree of urgency:
The degree of urgency which has led to the acquisition.
(ii) Disclination to part with land:
Any disclination of the person interested to the part with the land acquired.
(iii) Damage caused by private person:
Any damage sustained by him which if caused by a private person would not render such person liable to suit.
(iv) Damage likely to be caused:
Any damage which is likely to cause to the land acquired after the date of the publication of the declaration under Sec. 6, by or in consequence of the use to which it will be put.
(v) Increase in value:
Any increase in the value of the land acquired likely to accrue from the use to which it will be put when acquired.
(vi) Increase in value of any other land:
Any increase to the value of the other land of the person interested likely to accrue from the use to which the land acquired will be put or.
(vii) Improvement without sanction:
Any outlay improvement on or disposed of the land acquired, commenced, made or effected without the sanction of the collector after the date of the publication of the notification under Sec. 4 Sub Sec (1)
Case law
1991 SCRM 572
If the market value has been increased in consequence of the being put to a use which is unlawful or contrary to the public policy that use shall to be the market value of the land if it were put to ordinary use.
5.Modes of payment of compensation:
Amount of compensation may be made through the following modes.
(i) Direct payment.
(ii) Order on a treasury.
(iii) Money order.
(iv) Cheque.
(v) Report in a treasury.
6. Conclusion:
To conclude I can say that while fixation of compensation court always keep in view such matter which are important for relief for the person whose land is acquired under land acquisition act but there are also some matters which are ignored by the court for determination of the compensation.