[Land Acquisition]If Award Not Made Due To Stay, Would Enhanced Compensation Under 2013 Act Still Accrue?- SC To Consider Section 24(1)(a) Separately
5 years, 1 month ago

[Land Acquisition]If Award Not Made Due To Stay, Would Enhanced Compensation Under 2013 Act Still Accrue?- SC To Consider Section 24(1)(a) Separately

Live Law  

The Supreme Court five-judge bench, to which the task of the interpretation of section 24 of the 2013 Land Acquisition Act has been entrusted, grappled with a new question on Wednesday- if the award, for the purpose of section 24, could not be made on account of a stay, would the provisions of the new Act still apply, entitling all to the enhanced compensation? "We won't make any observations that would affect either party.we can't enlarge the scope of the reference", observed Justice Arun Mishra. "Although it has lapsed for some, those for whom the acquisition has not lapsed, there is higher compensation.the court should see person-by-person.there will be lapse only for those who have not been paid", replied Mr. Bhushan. "Only those will get the higher compensation who have not been paid", said Mr. Bhushan.

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History of this topic

Land Acquisition Compensation - In Exceptional Cases, Courts Can Direct Market Value Be Determined Based On A Date After Prelim Notification : Supreme Court
6 days, 17 hours ago

Land Acquisition Compensation - In Exceptional Cases, Courts Can Direct Market Value Be Determined Based On A Date After Prelim Notification : Supreme Court

Live Law  

The Supreme Court today observed that although the land acquisition compensation is to be determined at the market rate prevailing on the date of issuance of the notification regarding the acquisition of land, the compensation can be determined based on a later date in exceptional circumstances when the delay in the disbursal of the compensation has been inordinate.The bench of. …

If Award For Land Acquisition Is Passed After Amendment To Section 25, Court Can Grant Higher Compensation: Bombay High Court
4 weeks ago

If Award For Land Acquisition Is Passed After Amendment To Section 25, Court Can Grant Higher Compensation: Bombay High Court

Live Law  

While considering land acquisition references, the Bombay High Court has observed that if an award is passed under the Land Acquisition Act, 1894 after amendment to Section 25, the court is empowered to grant compensation at a higher amount than that awarded by the Collector as per the amended provision. It thus argued that the court could not grant compensation …

'Land Acquired Four Decades Ago' : SC Directs Authorities To Pay Compensation To Land Owners Within Two Months
2 years, 1 month ago

'Land Acquired Four Decades Ago' : SC Directs Authorities To Pay Compensation To Land Owners Within Two Months

Live Law  

In a relief to the land owners who are yet to get compensation for their lands acquired 40 years ago, the Supreme Court directed the authorities to pay compensation within two months.In this case, the land was acquired for the purpose of extension of the Nehru Zoological Park in 1981. In a relief to the land owners who are yet …

Arbitral Award Not Providing Statutory Compensation On Land Acquired Under NHA Is Perverse: Madras High Court
2 years, 8 months ago

Arbitral Award Not Providing Statutory Compensation On Land Acquired Under NHA Is Perverse: Madras High Court

Live Law  

The Madras High Court has held that an arbitral award that does not provide for payment of mandatory statutory compensation with respect to the land acquired under the National Highways Act, 1956 is perverse. Section 23 of the Land Acquisition Act, 1894 provides that the Court shall award an additional market value of 12% on the land acquired under the …

No TDS Required To Be Deducted On Enhanced Compensation Awarded By Court Under Land Acquisition Act: Delhi ITAT
2 years, 8 months ago

No TDS Required To Be Deducted On Enhanced Compensation Awarded By Court Under Land Acquisition Act: Delhi ITAT

Live Law  

The Delhi Bench of ITAT, consisting of members Astha Chandra and N.K. Billaiya, has ruled that interest received by land owners on enhanced compensation awarded to them by the Court under Section 28 of the Land Acquisition Act, 1894 is not in the nature of 'income from other sources' under the Income Tax Act, 1961, therefore, no TDS is required …

Land Acquisition | 2 Year Period For Lapse Of Proceedings Under 1894 Act Won't Apply After Notification Of 2013 Act : Supreme Court
3 years, 1 month ago

Land Acquisition | 2 Year Period For Lapse Of Proceedings Under 1894 Act Won't Apply After Notification Of 2013 Act : Supreme Court

Live Law  

The Supreme Court has held that the 2 year period prescribed under the Land Acquisition Act 1894 for the lapse of land acquisition proceedings for not delivering the award will not apply to an award passed after the notification of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013The limitation period for passing/making of …

[Sec 24 Land Acquisition] Proceedings Will Lapse Only When There Is No Possession 'And' No Payment; 'Or' To Be Read As 'And' : Centre Tells SC
5 years, 1 month ago

[Sec 24 Land Acquisition] Proceedings Will Lapse Only When There Is No Possession 'And' No Payment; 'Or' To Be Read As 'And' : Centre Tells SC

Live Law  

A Constitution Bench of the Supreme Court of India, comprising of Justices Arun Mishra, Indira Banerjee, Vineet Saran, M.R. "Even if payment has been made to minority and possession is not taken, it would not lapse. "Say, the award is made and the possession is taken, but for years the compensation is not paid and the acquiring body loses the …

Explained | What is the furore around the land law case?
5 years, 2 months ago

Explained | What is the furore around the land law case?

The Hindu  

The story so far: At one level it is a legal issue over the interpretation of a provision in the new land acquisition law of 2013. The reason is that the judge concerned, Justice Arun Mishra, of the Supreme Court of India, had overruled a precedent that had held good for four years and given a new interpretation, but was …

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