Ashok Kumar & Anr. Vs. State of Haryana
The Land Acquisition Act, 1894 - Section 23
Land Acquisition - Location - Properties do not abut the national highway and is situated about 375 yards away from the national highway - Only the narrow Road connecting the properties of the appellants to the national highway - It will not be just and proper to award land value of Rs.250/- per square yard, which is granted to the property in adjoining village -Just and fair compensation in the case of appellants would be Rs. 200/- per square yard - Appellants shall also be entitled to all the statutory benefits.
The Land Acquisition Act, 1894 - Section 25
(as amended by Act 68 of 1984 - Land Acquisition - Compensation - Pre-amended provision put a cap on the maximum; the compensation by court should not be beyond the amount claimed - The cap on maximum having been expressly omitted, and the cap that is put is only on minimum - It is clear that the amount of compensation that a court can award is no longer restricted to the amount claimed by the applicant - It is the duty of the Court to award just and fair compensation taking into consideration the true market value and other relevant factors, irrespective of the claim made by the owner.
Topic(s)-Land Acquisition - Location - Just and Fair Compensation