Sir compulsory acquisition of property has hitherto been governed by the provision of section 299 of the Government of India Act, 1935 as adapted by the Indian Independence Act and the consequential orders. This section has, not so far been taken into use in acquiring property. I think the property so far compulsorily acquired has been under Act I of 1894, i.e., the Land Acquisition Act. Regarding the main question of justiciability of rights, there are two provisions in section 23 of this Act which I may mention here. Section 23 Subsection I provides that market value shall first be taken into consideration in determining the compensation for the land acquired; Sub-section (2) further lays down: “In addition to the market value of land as provided above the court shall in every case award a sum of 15 per centum on such market value, in consideration of the compulsory nature of the acquisition.”
