'Gross Apathy Towards Public Interest': Punjab & Haryana High Court Imposes 1 Lakh Cost On Plea Challenging Land Acquisition By NHAI
1 year, 6 months ago

'Gross Apathy Towards Public Interest': Punjab & Haryana High Court Imposes 1 Lakh Cost On Plea Challenging Land Acquisition By NHAI

Live Law  

The Punjab & Haryana High Court recently dismissed a plea challenging the land acquisition by NHAI for the Ambala-Chandigarh Highway and imposed a cost of Rs.1 lakh on the petitioner for lack of empathy for the larger public interest.The division bench of Justice Sureshwar Thakur and Justice Kuldeep Tiwari criticised the petitioner for obstruction in giving possession of the land and. The Punjab & Haryana High Court recently dismissed a plea challenging the land acquisition by NHAI for the Ambala-Chandigarh Highway and imposed a cost of Rs.1 lakh on the petitioner for lack of empathy for the larger public interest. The division bench of Justice Sureshwar Thakur and Justice Kuldeep Tiwari criticised the petitioner for obstruction in giving possession of the land and said, “.apathy of the petitioner to the larger public interest, rather his focusing on his individualistic interest, is required to be deprecated. However, the bench rejected the contention and observed, "It appears that the petitioner is projecting, that the NHAI is constructing the national highway concerned, in a zigzag manner, therefore apparently he is erecting a submission that there is no necessity of the disputed khasra number becoming subjected to lawful acquisition."

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History of this topic

Ambala ring road project dispute: SC seeks army, NHAI officials’ presence
1 week, 6 days ago

Ambala ring road project dispute: SC seeks army, NHAI officials’ presence

Hindustan Times  

The Supreme Court on Tuesday sought the presence of senior Army officials of Western Command and NHAI project director in a dispute over land acquisition for the Ambala ring road project in Haryana. The top court was hearing a plea of one Vinod Kumar Sharma who challenged the August 2023 order of the Punjab and Haryana high court dismissing a …

Supreme Court Annual Digest 2024: Land Laws
1 month, 1 week ago

Supreme Court Annual Digest 2024: Land Laws

Live Law  

LAND LAWS - SUPREME COURT ANNUAL DIGEST 2024 Tamil Nadu Town and Country Planning Act, 1972; Sections 36, 37, and 38 - Acquisition and release of land designated for public purposes - The suit land, originally shown in private ownership in the 1978 and 1981 Layout Plans, was reserved for "public purpose" under the Tamil Nadu Town and Country Planning …

Supreme Court Rejects NHAI Plea To Prospectively Apply 2019 Judgment Allowing Solatium & Interest For National Highway Land Acquisitions
1 month, 2 weeks ago

Supreme Court Rejects NHAI Plea To Prospectively Apply 2019 Judgment Allowing Solatium & Interest For National Highway Land Acquisitions

Live Law  

The Supreme Court today dismissed plea filed by NHAI seeking a clarification that the Court's 2019 ruling in Union of India v. Tarsem Singh on grant of solatium and interest to landowners shall apply prospectively.A bench of Justices Surya Kant and Ujjal Bhuyan rendered the decision, stating,"Granting such clarification would nullify the very relief that Tarsem Singh intended to. The …

'Judicial Time & Resources Abused': Punjab & Haryana HC Imposes Rs.5 Lakh Cost On Litigant For Supressing Facts, Filing Repeated Pleas
2 months, 3 weeks ago

'Judicial Time & Resources Abused': Punjab & Haryana HC Imposes Rs.5 Lakh Cost On Litigant For Supressing Facts, Filing Repeated Pleas

Live Law  

The Punjab & Haryana High Court imposed a cost of Rs.5 lakh on litigant who repeatedly abused the process of court by filing successive pleas and suppressed “crucial fact.” The plea was filed challenging the resumption order of a land which was allotted to the petitioner subject to certain conditions. A bench of Justice Arun Palli and Justice Vikram Aggarwal …

"Classic Case Of NCR Region Fuelling Unnecessary Litigation": Punjab & Haryana HC Slaps Rs 1 Lakh Cost On Repeated Pleas Over Gurugram Land
3 months, 3 weeks ago

"Classic Case Of NCR Region Fuelling Unnecessary Litigation": Punjab & Haryana HC Slaps Rs 1 Lakh Cost On Repeated Pleas Over Gurugram Land

Live Law  

The Punjab and Haryana High Court has imposed an exemplary cost of Rs.1 lakh on a litigant who repeatedly approached the court challenging a land acquired for development of Gurugram's sector 57.Despite the fact that the High Court had granted liberty to the Petitioner to approach the appropriate authority in first round of litigation, the petitioner filed SLP for second …

'Act Within Bounds Of Legal Authority': Karnataka HC Imposes 25K Cost On Asst Commissioner Of Senior Citizens Tribunal For Entertaining Frivolous Plea
7 months, 3 weeks ago

'Act Within Bounds Of Legal Authority': Karnataka HC Imposes 25K Cost On Asst Commissioner Of Senior Citizens Tribunal For Entertaining Frivolous Plea

Live Law  

The Karnataka High Court has imposed a cost of Rs 25,000 on an Assistant Commissioner of the Maintenance and Welfare of Senior Citizen Protection Tribunal, for exceeding his jurisdiction, entertaining a frivolous application under Section 23 of the Senior Citizens Act and nullifying a sale deed entered into by parties. The court said “The Assistant Commissioner's overreach in this matter …

Right To Relief Lost: Karnataka High Court Dismisses Plea Filed After 44 Yrs Challenging Land Acquisition Proceedings From 1978
8 months ago

Right To Relief Lost: Karnataka High Court Dismisses Plea Filed After 44 Yrs Challenging Land Acquisition Proceedings From 1978

Live Law  

Observing that “Forty four years is too long a time to maintain legal action. With passage of such protracted time, the right to relief is lost,” the Karnataka High Court dismissed an appeal filed by an appellant questioning the land acquisition proceedings initiated and completed in the year 1978. A division bench of Chief Justice N V Anjaria and Justice …

School Built On Land Acquired For 'Mandi' Serves Public Purpose: P&H HC Declines Former Owner's Plea To Release Acquired Land, Imposes 25K Cost
8 months, 2 weeks ago

School Built On Land Acquired For 'Mandi' Serves Public Purpose: P&H HC Declines Former Owner's Plea To Release Acquired Land, Imposes 25K Cost

Live Law  

The Punjab & Haryana High Court has refused to allow a plea seeking the release of the land acquired by the State Government for the development of a 'Mandi' which was later used for building a school, observing that the public purpose is served.A division bench of Justice Sureshwar Thakur and Justice Lalit Batra said, "The reason is but trite, …

[Land Acquisition] Plea For Enhancement Of Compensation After 50-Yrs Stained By 'Gross Delay': Punjab & Haryana High Court Imposes ₹25k Cost
8 months, 3 weeks ago

[Land Acquisition] Plea For Enhancement Of Compensation After 50-Yrs Stained By 'Gross Delay': Punjab & Haryana High Court Imposes ₹25k Cost

Live Law  

The Punjab & Haryana High Court has imposed a cost of Rs. 25,000 on petitioners for filing plea for enhancement of compensation granted in 1975 for land acquired for public purpose, observing that the plea is "stained with a vice of gross delay and latches".While noting that there is no merit in the petition, a devision bench of Justice Sureshwar …

Land Acquisition | Lived Like Nomads, Couldn't Contact Advocate: Karnataka HC Asks Reference Court To Reconsider Villagers' Plea For Enhanced Award
1 year ago

Land Acquisition | Lived Like Nomads, Couldn't Contact Advocate: Karnataka HC Asks Reference Court To Reconsider Villagers' Plea For Enhanced Award

Live Law  

The Karnataka High Court has come to the aid of land owners whose land was acquired by the government but their reference application seeking enhancement of compensation was disposed of for want of necessary evidence being placed on record. A single judge bench of Justice V Srishananda allowed the appeal filed by Annappa Appasab Mokashi and others challenging the order …

Punjab & Haryana High Court Weekly Round Up: September 11 To September 17, 2023
1 year, 6 months ago

Punjab & Haryana High Court Weekly Round Up: September 11 To September 17, 2023

Live Law  

Nominal IndexChandeep Singh @ Gabbar Singh v. National Investigation Agency 2023 LiveLaw 167Zile Singh v. Joginder Singh and ors. 2023 LiveLaw 169 Dhananjay Chauhan v. Sanjeev Kaushal and others 2023 LiveLaw 170 Rampal v. State of Haryana 2023 LiveLaw 171 X v. State 2023 LiveLaw 172 Reports Can't Deny Bail Merely Because Charge Framed Under UAPA, Courts Must Examine Role …

Madhya Pradesh High Court Proposes To Impose ₹10 Lakh Cost On Litigant For Filing Repetitive Petition
1 year, 7 months ago

Madhya Pradesh High Court Proposes To Impose ₹10 Lakh Cost On Litigant For Filing Repetitive Petition

Live Law  

The Madhya Pradesh High Court has proposed to impose a cost of Rs 10 Lakhs on a litigant for filing a petition seeking the same relief, which had already been resolved earlier.“This is a clear case of abuse of the process of Court. The Madhya Pradesh High Court has proposed to impose a cost of Rs 10 Lakhs on a …

Supreme Court Annual Digest 2022- Land Laws
2 years, 1 month ago

Supreme Court Annual Digest 2022- Land Laws

Live Law  

Agricultural Produce Markets Act, 1961 - Section 9 - It cannot be said to be a mandatory statutory obligation of the Market Committees to provide shop/land/platform on rent/lease. Special Land Acquisition Officer v. N. Savitha, 2022 LiveLaw 316 : 7 SCC 256 Land Acquisition Act, 1894; Section 11A, 17 - The provision contained in Section 11A shall be applicable to …

Interest Payable On Solatium Under Land Acquisition Act Is 9% For First Year & 15% For Subsequent Years: Karnataka High Court
2 years, 6 months ago

Interest Payable On Solatium Under Land Acquisition Act Is 9% For First Year & 15% For Subsequent Years: Karnataka High Court

Live Law  

The Karnataka High Court recently held that in cases of land acquisition where payment of compensation is pending, interest to be paid on compensation amount for the first year is to be at the rate of 9% per annum and subsequently, it is to be at the rate of 15%. While doing so, there is no reference made by the …

Punjab & Haryana High Court Weekly Roundup: July 10 To July 16, 2022
2 years, 8 months ago

Punjab & Haryana High Court Weekly Roundup: July 10 To July 16, 2022

Live Law  

Nominal Index Rakesh Jain v. Central Bureau of Investigation 2022 LiveLaw 181 Sukhjeet Kumar VERSUS State of Punjab and others 2022 LiveLaw 182 Paramjit Singh Through Lrs v. Gurdial Singh And Others 2022 LiveLaw 183 State Of U.T. 2022 LiveLaw 188 M/s Garg Construction Company Versus State of Haryana and others 2022 LiveLaw 189 S.139 Evidence Act | IO Who …

"Can't Absolve UOI Of Its Duty To File Reply On Pleas Against Haryana's 75% Job Quota For Locals Law": P&H High Court
3 years ago

"Can't Absolve UOI Of Its Duty To File Reply On Pleas Against Haryana's 75% Job Quota For Locals Law": P&H High Court

Live Law  

The Punjab and Haryana High Court on Tuesday directed the Union Of India to filed its response on a bunch of pleas challenging the Haryana law which provides 75% reservation for local people in private sector jobs having a monthly salary of less than Rs 30,000.However, the Bench of Justice Ajay Tewari and Justice Pankaj Jain did note. The Punjab …

'Private Interest Has To Give Way To The Larger Public Interest': Allahabad High Court In A Land Acquisition Matter
3 years, 2 months ago

'Private Interest Has To Give Way To The Larger Public Interest': Allahabad High Court In A Land Acquisition Matter

Live Law  

The Allahabad High Court has recently held in a case challenging land acquisition proceedings that private interest has to give way to the larger public interest. Upholding the proceedings for construction of a railway over-bridge, a Division Bench of Chief Justice Rajesh Bindal and Justice Piyush Agarwal observed,"Private interest has to give way to the larger public interest. Upholding the …

Menace Of Encroachments On Public Properties Creating Obstructions To Planned Development Of Nation: P&H High Court
3 years, 4 months ago

Menace Of Encroachments On Public Properties Creating Obstructions To Planned Development Of Nation: P&H High Court

Live Law  

The Punjab and Haryana High Court recently observed that the menace of encroachments on public properties are creeping up day-by-day and creating obstructions to the planned development of the nation. The Bench of Justice Augustine George Masih and Justice Ashok Kumar Verma observed thus while dealing with a plea filed by one Gurmukh Singh, accused of encroaching upon a common …

Punjab & Haryana High Court Imposes 1 Lakh Costs On Man Who Attempted To Illegally Oust His Aged Mother
3 years, 7 months ago

Punjab & Haryana High Court Imposes 1 Lakh Costs On Man Who Attempted To Illegally Oust His Aged Mother

Live Law  

The Punjab and Haryana High Court on Friday dismissed the petition of a man who had attempted to illegally oust his aged mother and accordingly proceeded to impose costs to the tune of Rs 1 lakh on the petitioner.Terming the plea filed as an 'unfortunate petition', Justice Arvind Singh Sangwan observed with anguish, "A perusal of the representation also shows …

Decades-Long Delay In Challenging Land Acquisition Notifications: 3-Judge Bench To Examine Whether Such Challenge Can Be Entertained [Read Order]
6 years, 11 months ago

Decades-Long Delay In Challenging Land Acquisition Notifications: 3-Judge Bench To Examine Whether Such Challenge Can Be Entertained [Read Order]

Live Law  

We are of the view that delay and laches may be a bar to challenge to the acquisition after 27 years, the bench observed.The Supreme Court, in Union of India vs. Gopaldas Bhagwan Das, has referred to the larger bench the question whether the high court can entertain the plea challenging land acquisition notification when there is a delay of …

Purchaser Of Land Subsequent To Initiation Of Acquisition Proceedings Can't Challenge It, At Best Can Claim Compensation, Reiterates Allahabad HC
7 years, 1 month ago

Purchaser Of Land Subsequent To Initiation Of Acquisition Proceedings Can't Challenge It, At Best Can Claim Compensation, Reiterates Allahabad HC

Live Law  

The Allahabad High Court has directed the Additional District Magistrate, Ghazipur, to decide within two months the claim of compensation made by a man whose land had been acquired for the purpose of national highways while reiterating that a person who purchases a land subsequent to initiation of acquisition proceedings has no locus to challenge the said proceedings.A bench of …

Purchaser Of Land Subsequent To Initiation Of Acquisition Proceedings Can't Challenge It, At Best Can Claim Compensation, Reiterates Allahabad HC
7 years, 1 month ago

Purchaser Of Land Subsequent To Initiation Of Acquisition Proceedings Can't Challenge It, At Best Can Claim Compensation, Reiterates Allahabad HC

Live Law  

The Allahabad High Court has directed the Additional District Magistrate, Ghazipur, to decide within two months the claim of compensation made by a man whose land had been acquired for the purpose of national highways while reiterating that a person who purchases a land subsequent to initiation of acquisition proceedings has no locus to challenge the said proceedings.A bench of …

Punjab & Haryana HC Slams Govt For Not Executing Orders In Time [Read Order]
8 years, 4 months ago

Punjab & Haryana HC Slams Govt For Not Executing Orders In Time [Read Order]

Live Law  

The Punjab and Haryana High Court has slammed the state while observing that in a large number of cases, orders passed by the writ court are not being complied with within the stipulated time frame. The court also warned that exemplary costs would be deducted from the salary of erring officials.In a case dealing with land acquisition, petitioner Delhi Fransalian …

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