Land Acquisition | Sale Statement Cannot Be Relied Upon For Compensation Without Examining Vendors Or Vendees: Patna High Court Reiterates
4 months, 1 week ago

Land Acquisition | Sale Statement Cannot Be Relied Upon For Compensation Without Examining Vendors Or Vendees: Patna High Court Reiterates

Live Law  

The Patna High Court has made it clear that while determining compensation for land acquisition, mere statement of exemplar sale is not sufficient without examining the vendors or vendees involved. Justice Nawneet Kumar, presiding over the case, observed, “It is an admitted fact that the compensation of the acquired land was assessed on the basis of the sale statement of another village Dharmangtpur. The Hon'ble Supreme Court in para-6 of Collector, Raigarh has been pleased to hold specifically that the sale statement, without examining the vendors or vendees, cannot be relied upon. Since no sale deed for Mohammadpur Gokul had been available within four years prior to the acquisition, the sale statement from the neighboring village Dharmangtpur was presented as evidence, and the compensation was fairly calculated based on this.

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History of this topic

Purchaser Can Get Title Conveyed Only If Seller Has Title To Property: Patna High Court
1 month ago

Purchaser Can Get Title Conveyed Only If Seller Has Title To Property: Patna High Court

Live Law  

The Patna High Court has reiterated that a purchaser can acquire a valid title to a property only if the seller possesses a legal title to transfer. A purchaser can get the title conveyed only if the seller has title to the property.” Accused Surendra Kumar and others had challenged the Magistrate court order taking cognizance of offenses under Sections …

[Land Acquisition Act] Interest Added To Compensation Becomes Part Of Awarded Sum, Cannot Be Segregated For Further Calculation: Jharkhand HC
1 month, 2 weeks ago

[Land Acquisition Act] Interest Added To Compensation Becomes Part Of Awarded Sum, Cannot Be Segregated For Further Calculation: Jharkhand HC

Live Law  

The Jharkhand High Court, in a recent judgment, has observed that in land acquisition cases, there is no distinction between the sum and sum without interest, and once the interest is included in the sum for which the Award is made, that cannot be segregated. Justice Sanjay Kumar Dwivedi presiding over the case, observed, “There is no distinction between the …

Kerala High Court clears estate land acquisition for Wayanad landslide victims
2 months, 3 weeks ago

Kerala High Court clears estate land acquisition for Wayanad landslide victims

India Today  

The Kerala High Court ruled that the state government can acquire estate lands identified by it to build a township for rehabilitating victims of the Wayanad landslide. The high court passed the judgment while dismissing a petition by Harrisons Malayalam Limited and Elstone Tea Estate Limited that sought to block the acquisition. The court clarified that the land acquisition must …

Can Smaller Land Sales Be Considered for Determining Fair & Just Land Acquisition Compensation? Supreme Court Rules in Favor of Government
Trending News
4 months, 3 weeks ago

Can Smaller Land Sales Be Considered for Determining Fair & Just Land Acquisition Compensation? Supreme Court Rules in Favor of Government

Live Law  

The Supreme Court has ruled that the sale of smaller pieces of land can be considered as an exemplar for determining fair and just land acquisition compensation. The court held that the most suitable sale deed for determining the market value should be relied upon, rather than an average of the multiple sale deeds produced before it.

Can Smaller Land Sales Be Considered for Fair & Just Land Acquisition Compensation? Supreme Court Rules in Favor of Government
4 months, 3 weeks ago

Can Smaller Land Sales Be Considered for Fair & Just Land Acquisition Compensation? Supreme Court Rules in Favor of Government

Live Law  

The Supreme Court has ruled that the sale of smaller pieces of land can be considered as an exemplar for determining fair and just land acquisition compensation. The court held that the most suitable sale deed for this purpose should be the highest valued among the multiple sale deeds, and that the value of the smaller parcels should be determined …

Land acquisition case: Top court warns Maharashtra it will halt its 'Ladli' schemes
7 months, 1 week ago

Land acquisition case: Top court warns Maharashtra it will halt its 'Ladli' schemes

India Today  

The Supreme Court has strongly criticised the state of Maharashtra for failing to offer a reasonable compensation amount in a land acquisition case. The court warned that if the state does not provide adequate compensation to the landowner, it will order the suspension of all welfare schemes, including the Ladli Behna program. A bench comprising Justices BR Gavai and KV …

Karnataka High Court Upholds Order For Specific Performance Of Sale Agreement, Says If Owner Intended To Avail Loan It Would Execute Mortgage Deed
10 months, 1 week ago

Karnataka High Court Upholds Order For Specific Performance Of Sale Agreement, Says If Owner Intended To Avail Loan It Would Execute Mortgage Deed

Live Law  

The Karnataka High Court has upheld an order of the trial court decreeing a suit for specific performance of a sale agreement in favour of the plaintiff and rejected the contention of the defendants who are businessmen that they had availed loan from the plaintiffs and had not agreed to sell the schedule property. A division bench of Justice E …

Land Acquisition | Lived Like Nomads, Couldn't Contact Advocate: Karnataka HC Asks Reference Court To Reconsider Villagers' Plea For Enhanced Award
1 year, 1 month ago

Land Acquisition | Lived Like Nomads, Couldn't Contact Advocate: Karnataka HC Asks Reference Court To Reconsider Villagers' Plea For Enhanced Award

Live Law  

The Karnataka High Court has come to the aid of land owners whose land was acquired by the government but their reference application seeking enhancement of compensation was disposed of for want of necessary evidence being placed on record. A single judge bench of Justice V Srishananda allowed the appeal filed by Annappa Appasab Mokashi and others challenging the order …

Collector Can Determine Market Value Of Land At The Time Of Execution Of Sale Deed Or Period Reasonably Proximate Thereto: Allahabad High Court
1 year, 2 months ago

Collector Can Determine Market Value Of Land At The Time Of Execution Of Sale Deed Or Period Reasonably Proximate Thereto: Allahabad High Court

Live Law  

The Allahabad High Court has held that the Collector has power to determine market value of the land at the time of execution of sale deed or period reasonably proximate thereto. and others to hold that “the market value of the land would have got nothing to do with the circle rates inasmuch as it is the determination of the …

Indian Contract Act | Unless Contingency Is Fulfilled, Contingent Agreement To Sale Cannot Be Enforced: Patna High Court
1 year, 2 months ago

Indian Contract Act | Unless Contingency Is Fulfilled, Contingent Agreement To Sale Cannot Be Enforced: Patna High Court

Live Law  

While rejecting an appeal that sought specific performance of a sale agreement, the Patna High Court has observed that a sale agreement with a contingency clause cannot be enforced unless that contingency is fulfilled. The plaintiff-appellants filed the Title Suit for a decree of specific performance of contract on the basis of an agreement for sale executed by 3 defendants …

Transfer Of Property Act | Unregistered Sale Deed Admissible As Evidence For Considering Relief Of Specific Performance: Patna HC
1 year, 3 months ago

Transfer Of Property Act | Unregistered Sale Deed Admissible As Evidence For Considering Relief Of Specific Performance: Patna HC

Live Law  

The Patna High Court recently ruled that an unregistered sale agreement remains admissible as evidence in a lawsuit seeking specific performance of the agreement. Justice Sunil Dutta Mishra observed, “It is clear from the above that even where the sale agreement is not registered, the document can be received as evidence for considering the relief of specific performance and the …

S.155 Maha Land Revenue Code | Tehsildar Can Correct Revenue Records During Pendency Of Acquisition Proceedings: High Court
2 years, 6 months ago

S.155 Maha Land Revenue Code | Tehsildar Can Correct Revenue Records During Pendency Of Acquisition Proceedings: High Court

Live Law  

The Nagpur Bench of Bombay High Court has held that Tehsildar has the jurisdiction under the Maharashtra Land Revenue Code, to correct status of land in the revenue record which may substantially impact the amount of compensation, even if acquisition proceedings are pending before the High Court. "The proceedings before the Tahsildar under Section 155 of the Code are clearly …

[Land Acquisition] "The Constitution Bench Judgment Left Some Questions Unsaid, Requires Examination": CJI SA Bobde
4 years, 5 months ago

[Land Acquisition] "The Constitution Bench Judgment Left Some Questions Unsaid, Requires Examination": CJI SA Bobde

Live Law  

The Supreme Court on Monday orally remarked that the Constitutional Bench judgment on Land Acquisition left certain questions unsaid and required examination.A bench of Chief Justice SA Bobde, Justices AS Bopanna & V. Ramasubramaniun said that there were some questions which were required to be discussed and some aspects were left. The Supreme Court on Monday orally remarked that the …

Farmers Association Takes Objection To Justice Arun Mishra Heading Constitution Bench For Land Acquisition Matters
5 years, 5 months ago

Farmers Association Takes Objection To Justice Arun Mishra Heading Constitution Bench For Land Acquisition Matters

Live Law  

The All India Farmer Association has written a letter, dated October 14, to the Chief Justice of India, Ranjan Gogoi, requesting that the newly constituted Constitution Bench, headed by Justice Arun Mishra, may not hear the matters regarding the interpretation of Section 24 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act,. The All …

Despite new land acquisition Act, farmers remain vulnerable to poor compensation as many states dilute law for several sectors
5 years, 6 months ago

Despite new land acquisition Act, farmers remain vulnerable to poor compensation as many states dilute law for several sectors

Firstpost  

The government has had an uninterrupted reign with land acquisitions for many decades, and only recently has their unbridled existence been challenged. “Even if farmers themselves want to buy more land, the land ceiling laws stop them.” It’s not surprising that no such restrictions apply to governments when they want to acquire land for contentious public purposes—broadly interpreted as projects …

Naveen government has misused Land Acquisition Act, says CAG
12 years, 11 months ago

Naveen government has misused Land Acquisition Act, says CAG

The Hindu  

The Comptroller and Auditor-General of India has found that the Naveen Patnaik government has ‘misused' the Land Acquisition Act for acquiring land for several big industrial projects, including the proposed mega steel plant by South Korean steel major Posco. “Emergency Provisions of Section 17 were misused and applied arbitrarily even without indicating detailed justification for the same and without fulfilment …

Farmers Be Given Market Price For Land Acquisition: SC
13 years, 6 months ago

Farmers Be Given Market Price For Land Acquisition: SC

India TV News  

New Delhi, Aug 25: Compensation given by the government to farmers while acquiring their land should be decided on the basis of its market value, the Supreme Court has held. While increasing the base price from Rs 2.75 lakh per hectare to Rs 4.09 lakh per acre for the land which was acquired by the Punjab government, a bench of …

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