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Land Acquisition Act, 1894
Sections 4 & 18—Land acquisition—Compensation—Enhancement—Entire process of determination of the market value by the Reference Court is contrary to established principle of determination of the market value of the acquired land—Sale of developed land for purpose of residential plots cannot be made basis for acquisition of undeveloped agricultural land—High Court awarded Rs. 19 per sq. feet as the compensation of the entire land acquired—Though not agreeable, but in the absence of any other alternative to determine market value, the present court not to interfere with the market value assessed by the High Court—Company has not produced any drawings to say that their factory cannot be put up in the remaining compact land measuring more than 130000 square feet—Compensation for the entire land owned by Company is wholly unwarranted, illegal and unduly advantageous to the Company—Compensation of land on the western side of the railway track is to be awarded only as the agricultural land—Appeal filed by the Company is dismissed whereas appeals by Union are allowed.
[Paras 17 to 20]
Section 23—Compensation for the land severance of from the rest of land—If the plan produced by company is examined, there is land of other land owners as well—It is not the entire land which has become unapproachable or land locked—Process of determining compensation by the Reference Court is wholly fallacious—Appeal filed by the Company is dismissed whereas appeals by Union are allowed.
[Paras 25, 27 & 29]