Land Acquisition Act, 1894: s.4(1) – Market value of land
acquired – Determination of – Standard method of determination is
by evaluating the land on the date of publication of notification
u/s. 4(1) of the Land Acquisition Act – Thus, it is determined with
reference to the open market sale of comparable land in the
neighbourhood, by a willing seller to a willing buyer, on or before
the date of preliminary notification – In the instant case, none of
the principles were followed by High Court – Matter remitted to
High Court for fresh consideration.
Land Acquisition Act, 1894: Deduction to be made towards
utilization of land and development charges – Deduction depends
upon the evidence to be brought on record by the parties in respect
of land under acquisition – If land under acquisition is capable of
being used for the purpose for which smaller plots are used and is
situate in a fully developed area with no requirement of any further
development to be made, there would be no need for deduction of
the value – Where all civic and other amenities are to be provided
to make the land suitable for the purpose for which it is required,
deduction is liable to be made.