Land Acquisition Act, 1894 – Section 25

In the latest amendment by Act 68 of 1984 w.e.f. 24-9-1984,

Before amendment:-

“Section 25. Rules as to amount of compensation –

(1) When the applicant has made a claim to compensation, pursuant to any notice given under Section 9, the amount awarded to him by the court shall not exceed the amount so claimed or be less than the amount awarded by the Collector under Section 11.

(2) When the applicant has refused to make such claim or has omitted without sufficient reason (to be allowed by the Judge) to make such claim, the amount awarded by the court shall in no case exceed the amount awarded by the Collector.

(3) When the applicant has omitted for a sufficient reason (to be allowed by the Judge) to make such claim, the amount awarded to him by the court shall not be less than, and may exceed, the amount awarded by the Collector.”

After Amendment, the amended Section 25 reads as under:

“Section 25. Amount of compensation awarded by Court not to be lower than the amount awarded by the Collector- The amount of compensation awarded by the Court shall not be less than the amount awarded by the Collector under Section 11.”

Thus, it is stated that the amount of compensation that the court could award was limited to the amount that applicant claimed. But with the amendment in law it is stated that the amount of compensation court awards cannot be lower than the amount awarded by the collector under section 11.

No limits have been put up regarding the minimum compensation not regarding the maximum compensation. It is hence clear that amount of compensation that a court can award is no longer restricted to amount claimed by applicant. Duty of court is to award just and fair compensation taking into consideration true market value and other relevant factors, irrespective of claim made by owner.
Reference: Ashok Kumar v. State of Haryana, (2016) 4 SCC 544

 

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