AIROnline 2004 SC 62 ::(2005) 1 CLR 191 (SC) ::2004 (7) SCC 388 ::(2004) 10 Scale 116 ::2005 (1) SLT 473 ::2005 (1) Cur Leg R 191 ::2004 (2) All CJ 2131

Supreme Court Of India

Hon'ble Judge(s): S. N. Variava, H. K. Sema , JJ

(A) Land Acquisition Act (1 of 1894) , S.11(1) Proviso— Proviso - Acquisition of land by invoking urgency provisions under S. 17 - Once possession is taken, Land Acquisition Officer is bound to pass an award in terms of S. 11 - Hence proviso to S. 11 requiring previous approval of appropriate government for publishing an award - Would be applicable even in such cases. (Para 10) (B) Land Acquisition Act (1 of 1894) , S.17— Acquisition of Land by invoking urgency provisions under S. 17 - Once possession is taken, Land Acquisition Officer is bound to pass an award in terms of S. 11 - Hence proviso to S. 11 requiring previous approval of appropriate Government for publishing an award - Would be applicable even in such cases. (Para 10) (C) Land Acquisition Act (1 of 1894) , S.23— Compensation - Loss of business - Is to be computed on basis of loss which will be incurred by claimant to restore his business - Poultry farm land acquired by invoking urgency provisions - Compensation including amount towards loss of business awarded on basis of report of Director of Animal Husbandry - Non-application of mind on part of Financial Comm....