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Raja Ram Kumar Bhargava v. State Of Uttar Pradesh And Anr. 1969 ALL 604
Section 3(a) of the Act provides that the expression land includes benefits to arise out of land etc. The definition is of the expression land and not of land. When it is said that the expression land includes benefits, it means that the expression connotes benefits to arise out of land and things attached to the earth and or permanently fastened to anything attached to the earth which may be independent of the land. The lease hold interest in land can therefore come within the definition of the expression land.
Special Land Acquisition Officer v. M. S. Seshagiri Rao & Anr AIR 1968 SC 1045
Where certain lands are granted by the Govt. with a condition that in the event of the Govt. requiring the land for any reason whatsoever the grantee shall surrender the land to the Govt. without claiming any compensation but the Govt. without exercising the power reserved by the terms of the grant, adopts the procedure under the Land Acquisition Act then it has to pay compensation for the acquisition of land. The measure of that compensation was the market value of the land at the date of the notification and a measure of the market value was what a willing purchaser might pay for the land for the rights to the land subject to the option of the Govt.
Isabhai Musabhai Patel and Anr v. Ahmedabad Municipal Corporation and ors AIR 1971 Guj 145 Tenants entering into the possession of the land after the award is made cannot be allowed to challenge the award after remaining indifferent for over 5 years and particularly when no infringement of legal or fundamental right is made out. He thus cannot challenge the notifications or the award.
Neyveli Lignite Corporation v. Special Land Acquisition Officer AIR 1995 SC 1004
The local authority, company, statutory authority or cooperative society is a person interested to determine just compensation for the acquired land and is also an aggrieved person. He has the right to be heard by the Collector or the Court. If it is not made a party then it is entitle to seek leave of the court and file an appeal against the award and decree of the Civil Court under Section 26 or the judgment and decree under Section 54. It is also entitled to file a writ petition under Article 226. So it is either a proper party or a necessary party to the proceedings under Order 1 Rule 10 of the CPC. If not made a person interested, it is a procedure offending Article 14 of the Constitution.
Musammiyan Imam Haider Bux Razvi and ors v. State of Gujarat AIR 1971 Guj 158
State of Gujarat acquired land to be transferred to various cooperative societies and this was not held to be a public purpose. Court held that Section 3(f) was liable to be struck down because the land that was transferred for the housing scheme was only for the benefit of the members of the society even though the scheme would benefit the public at large. Hence the notification was liable to be quashed.
N Krishanappa Mudaliar v. Government of Tamil Nadu 1977 Mad LJ 406 There cannot be a writ petition to quash a Government notification regarding acquisition of land for a public purpose under Section 4(1) of the Land Acquisition Act, 1894
Pran Jivan Jaitha v.s State of West Bengal AIR 1974 Cal 210
The Blind Boys Academy which was to be run partly by the Government and partly by Ramkrishna Mission needed land to expand activities and to build classrooms, hostels and playgrounds. The Court held that such a purpose would be a public purpose even though it is partly funded by a private body since Ramkrishna Mission which is well known not only in this country but also in other countries for its philanthropic activities.
Collector (Dist. Magistrate), Allahabad and another v. Raja Ram Jaiswal, AIR 1985 SC 1622 as to what grounds the The Apex Court when faced with the question
notification under Section 4 of the Act can be challenged in a writ petition under Article 226 of the Constitution of India stated that: Power to acquire land for public purpose is conferred to achieve a purpose it has been repeatedly reiterated that the power must be exercised reasonably and in good faith to effectuate the purpose. And in this context 'in good faith' means 'for legitimate reasons'. Where power is exercised for extraneous or irrelevant considerations or reasons, it is unquestionably a colourable exercise of power or fraud on power and the exercise of power is vitiated. If the power to acquire land is to be exercised, it must be exercised bona fide for the statutory purpose and for none other. If it is exercised for an extraneous, irrelevant or non-germane consideration, the acquiring authority can be charged with legal mala fides. In such a situation there is no question of any personal ill-will or motive."
Asgar Ali v.s State of Uttar Pradesh AIR 1959 ALL 792
This is a case for acquisition of Land in Sitapur Mafi village of Banda district. For acquisition of 0.3 acres, notification was given in Hindi and for acquiring 3 acres notification was given in English. When a notification is mislead or illegal, it must be quashed along with subsequent proceedings. Under the UP Official Languages Act 1951, Hindi notification prevails over the English notification in cases of conflict. However the English notification can be used to remove vagueness.
Shri Mandir Sita Ramji v.s Delhi Administration AIR 1974 SC 1868
The Collector must enquire into the objections, give hearing to the parties and make recommendations even though the ultimate decision is taken by the State Government.
Padma Sundar Rao v.s State of Tamil Nadu AIR 2002 SC 1334
Whether a fresh period of 1 year is available to the Government after quashing of notification under Section 6 is the question to be considered. Once a delcaration has been quashed, fresh declaration cannot be issued beyond the prescribed period under Section 6(1). Hence there is no fresh 1 year period and the limitation continues to run.
V.S Subramaniam Chettiar v. The State of Madras AIR 1953 Mad 943
The notice regarding acquisition of land was issued by the Collector under Section 9. The notice required the claimant to state the amount and particulars of his claim to compensation. The Claimant submitted that he would state facts about the rate of compensation from the land at a later stage. He had obtained sanctions for the purpose of constructing a bungalow and an oil mill and the question of compensation did not arise at this stage. He had to state amount of compensation only if an adverse order is passed by the Government. In this case, the Collector fixed the compensation but did not allow enhancement of the same.
Smt Sarojamma & ors v. The Land Acquisition Officer AIR 2007 AIHC 2905
19879 acres of land to be acquired for Mandal which was a public purpose. But no proceedings were initiated. Till 1994, the compensation amount was not paid. The petitioner filed a writ petition seeking the writ of mandamus to direct the respondent to initiate acquisition proceedings and pay compensation of Rs. 11000 per acre. The Collector is required to conduct an enquiry of the award under Section 11(1) and determine compensation. The petitioners have filed an application under Section 18 for determination of compensation and respondents shall refer the claim of the petitioners within 2 months.