Civil Law
Mode of Citation- ILC-2017-SC-CIVIL-....
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Civil Law
Mode of Citation- ILC-2017-SC-CIVIL-....
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ILC-2016-SC-CIVIL-Jan-8

K.S. Sanjeev (D) By Lrs. Etc. Etc. Vs. State of Kerala & Anr.

Head Note

The Land Acquisition Act, 1894  - Section 4 , Section 6

Land Acquisition - Compensation - Documentary Evidence - Appreciation of evidence - If the land is otherwise comparable, merely because the witness was not factually correct on description, the evidence cannot be discarded - In fixing the land value, body language of the witness or his conduct in Court are all not really relevant - Fixation is mainly based on the factual position as revealed from the documents.

The Land Acquisition Act, 1894  - Section 4 , Section 6

Land Acquisition - Compensation - Documentary Evidence - Appreciation of evidence - Property covered by A4 document was sold for Rs.189750/- (Rs.17250/- per cent) on 27.10.1986 - Date of Section 4(1) Notification is 03.02.1987 - No justification as to why the said document should not be taken into consideration for fixing the land value - A4 land is in Panchayat area whereas the acquired land is in Municipal area and it is also abutting the M.C. Road - Southern boundary of the property is river - Appellants held entitled to land value for the acquired land fixed at Rs.17250/- per cent - They are also entitled for other statutory benefits in terms of the Act 1894.

Topic(s)-Land Acquisition - Documentary Evidence - Compensation enhanced







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