State Must Conclude Land Acquisition Within 'Reasonable Time' After Barring Construction U/S 27 Rajasthan Housing Board Act: High Court
1 month, 2 weeks ago

State Must Conclude Land Acquisition Within 'Reasonable Time' After Barring Construction U/S 27 Rajasthan Housing Board Act: High Court

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Rajasthan High Court has ruled that notification under Section 27 of the Rajasthan Housing Board Act, 1970 barring construction on a proposed scheme area affects the right to enjoyment of property of landowners and thus, it cannot be allowed to block the property for an indefinite period. The division bench of Justice Manindra Mohan Shrivastava and Justice Munnuri Laxman held that after issuing the notification, the Housing Board and the State Government are obliged to proceed with the land acquisition proceedings expeditiously and conclude the same within a reasonable period. The Court was hearing an appeal filed by the Rajasthan Housing Board against the order of a single judge wherein it was held that the notice under Section 27 would attain natural demise if the acquisition proceedings were not initiated within reasonable time. However, once notification under Section 27 of the Act of 1970 is issued, the Housing Board and the State Government are obliged to initiate the proceedings for acquisition, if at all the housing scheme so required, within a reasonable period.” It was ruled that the Housing Board and the State Government were obliged to expeditiously proceed with the land acquisition proceedings, pursuant to publishing of notification under Section 27, and conclude the same within reasonable period.

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Karnataka High Court Upholds BDA's Land Acquisition Notifications For Construction Of Peripheral Ring Road Between Hosur And Tumakur
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4 days, 4 hours ago

Karnataka High Court Upholds BDA's Land Acquisition Notifications For Construction Of Peripheral Ring Road Between Hosur And Tumakur

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The Karnataka High Court has upheld the notifications issued by the Bangalore Development Authority to acquire land for construction of Peripheral Ring Road-II, between Hosur-Mysore Road and Tumakur Road. It said, “I am of the view that, as the respondent-BDA has laid road in Peripheral Ring Road for more than 80% of the project and as such, taking into consideration …

Prior Consent Of State Under Rajasthan Colonization Act Which Ceased In 1991, Not Mandatory For Sale Deed Executed In 2003: Rajasthan HC
1 month, 3 weeks ago

Prior Consent Of State Under Rajasthan Colonization Act Which Ceased In 1991, Not Mandatory For Sale Deed Executed In 2003: Rajasthan HC

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In doing so the court said that merely because the petitioner's predecessors in title–either due to illiteracy or ignorance of law–failed to obtain prior consent, the rights which have accrued in favour of the purchasers cannot be set at zero, over 20 years after the sale. As per Section 13 of Rajasthan Colonization Act, 1954 no tenant shall transfer his …

MahaRERA – Being Aware Of Market Conditions, Builders Should Conduct Due Diligence Before Declaring Project's Possession Date
5 months, 4 weeks ago

MahaRERA – Being Aware Of Market Conditions, Builders Should Conduct Due Diligence Before Declaring Project's Possession Date

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While directing the builder to pay interest to the homebuyer for delayed possession, Maharashtra Real Estate Regulatory Authority bench, comprising Ajoy Mehta, held that builders are aware of market conditions, therefore, they are required to conduct due diligence before declaring the possession date. If the builder fails to complete or is unable to give possession of an apartment, plot, or …

Karnataka Industrial Area Development Act | High Court Sets Aside 2009 Notification For Land Acquisition Upon Noting No Steps Were Taken For 14 Yrs
11 months, 1 week ago

Karnataka Industrial Area Development Act | High Court Sets Aside 2009 Notification For Land Acquisition Upon Noting No Steps Were Taken For 14 Yrs

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The Karnataka High Court has observed that the Karnataka Industrial Area Development Board which is entrusted to establish and develop industries in suitable areas in the State, must first determine the area that is required for the establishment of industries after conducting a study and only thereafter venture to acquire the lands. The court said “The Karnataka Industrial Areas Development …

Rajasthan Urban Improvement Act | Supreme Court Delivers Split Verdict On Whether Notice Of Land Acquisition Should Be Served On Possessors Whose Names Are Not Reflected In Revenue Records
1 year, 2 months ago

Rajasthan Urban Improvement Act | Supreme Court Delivers Split Verdict On Whether Notice Of Land Acquisition Should Be Served On Possessors Whose Names Are Not Reflected In Revenue Records

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The Supreme Court recently delivered a split verdict on whether notice must be given to possessors in a land acquisition proceeding by the acquiring authority under the Rajasthan Urban Improvement Act, when their names were not reflected in the revenue records, despite being in possession of the land. The appeal was filed against an order of the Rajasthan High Court …

Subsequent Purchaser After Issuance Of Notification Under Land Acquisition Act Can't Challenge Acquisition Proceedings: Madras High Court
2 years, 6 months ago

Subsequent Purchaser After Issuance Of Notification Under Land Acquisition Act Can't Challenge Acquisition Proceedings: Madras High Court

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The Madras High Court recently observed that a person who purchases a piece of land after the issuance of notification for its acquisition by the government under Section 4 of the Land Acquisition Act 1894, has no right to challenge the acquisition proceedings. The bench of Chief Justice Munishwar Nath Bhandari and Justice N Mala dismissed the appeals filed by …

Can't Direct State To Decide Representation Of Land Owners To De-notify Land Under Acquisition; The State In Its Discretion Can Do So: P&H HC [Read Order]
4 years, 3 months ago

Can't Direct State To Decide Representation Of Land Owners To De-notify Land Under Acquisition; The State In Its Discretion Can Do So: P&H HC [Read Order]

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The Punjab and Haryana High Court on Thursday ruled that the State alone has the power to de-notify the land under acquisition, under Section 101A of the Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013. Power to denotify land.- When any public purpose, for which the land acquired under the Land Acquisition Act, 1894 …

Civil Suit To Invalidate Land Acquisition Isn’t Maintainable, Reiterates SC [Read Order]
6 years ago

Civil Suit To Invalidate Land Acquisition Isn’t Maintainable, Reiterates SC [Read Order]

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‘The only remedy left to the aggrieved party is to file a writ petition before the High Court under Article 226 of the Constitution of India or to approach this Court.’The Supreme Court, while setting aside a Rajasthan High Court order, reiterated that a civil suit to invalidate land acquisition is not maintainable.In the suit for declaration and permanent injunction, …

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