FIRST LAW

Land Acquisition Act, 1894 - Section 4 - Even while applying some amount of guess work, which is inevitable, it cannot be unfettered and that it has to be based on proper analysis of the location of land in question, its distance from lands subject matter of sale deeds placed on record and a reasonable assessment of potentiality of such land. The process of guess work cannot be based on conjecture and imagination.

Land Acquisition Act, 1894 - Ss. 28, 34, 28-A & 18 -  the dispute in relation to non-award of interest can be raised by an aggrieved person only by taking recourse to Article 226 of the Constitution in writ petition - Reference under Section 18 or Section 28A(3) cannot be considered to be an alternative statutory remedy available to the landowner for getting the question of non-award of interest payable under Sections 28 or/and 34 of the Act decided by the Civil Court.

Land Conservancy Act, 1957 ( Kerala )  - Survey and Boundaries Act, 1961 ( Kerala ) -  S. 13A -    Power of revision by the Collector -  Completion of demarcation to be notified -  Section 13A of the above Act deals with the 'revisional power' of the District Collector; that too to be exercised only on the basis of any application preferred before him either by the individual/party or by the Department. This power is to be exercised for re-fixation of the boundary only in respect of the dispute as to the finalisaton of the proceedings in terms of “Section 13”.

Land Acquisition Act, 1894 - Ss. 11, 12 & 18 (2) - Reference -  Proper Application -  appellants had accepted the compensation under protest on the point of sufficiency of the compensation and made a specific request for reference under S. 18 on 24-7-1999, which indisputably was within the six month period of limitation - this is a case where the request under Section 18 of the Act made on 24-7-1999 should be treated as a proper application.