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Supreme Court Of India

Hon'ble Judge(s): Hemant Gupta, Vikram Nath , JJ

(A) Land Acquisition Act (1 of 1894) , S.23— Land acquisition - Market value - Determination - Company purchased land for purpose of setting up of industrial unit - Small area of land was acquired by State for railway line - No sale instance of acquired land had been produced, not even sale deed by which Company had purchased land almost 3 years prior to acquisition - Market Value determined at Rs. 19/- per square feet in absence of any other alternative to determine market value - Compensation awarded for entire land though balance land was owned and in possession of Company - There was option with appropriate Government to acquire entire land without publication of any fresh notification - Compensation has to be determined keeping in view of that land is continued to be owned by Company but its effective use stands diminished to large extent - Compensation awarded for entire land wholly unwarranted and illegal and unduly advantageous to Company. (Para 17 18 19 23 30) (B) Land Acquisition Act (1 of 1894) , S.23— Land Acquisition - Compensation - Company purchased land for setting up of industrial unit - Land situated on western side of suit land was also acquired b....