Once Land Acquisition Proceedings Lapse Under Section 24(2) RFCTLARR Act, Owner Cannot Seek Release Of Land Under Section 48 Of 1894 Act : Supreme Court
3 years, 2 months ago

Once Land Acquisition Proceedings Lapse Under Section 24(2) RFCTLARR Act, Owner Cannot Seek Release Of Land Under Section 48 Of 1894 Act : Supreme Court

Live Law  

The Supreme Court has observed that once the High Court has passed an order of lapsing acquisition proceedings by virtue of Section 24 of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, landowners cannot revert back on the plea that they are entitled to seek release of land in terms of Section 48 of the Land Acquisition. The Supreme Court has observed that once the High Court has passed an order of lapsing acquisition proceedings by virtue of Section 24 of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, landowners cannot revert back on the plea that they are entitled to seek release of land in terms of Section 48 of the Land Acquisition Act, 1894. said, "Once the High Court has passed an order of lapsing of the acquisition proceedings by virtue of Section 24 of the Act, the landowners cannot revert back on the plea raised that they are entitled to seek release of land in terms of Section 48 of the Land Acquisition Act, 1894 since repealed." "Section 48 of the erstwhile Land Acquisition Act does not confer any right with a landowner to seek withdrawal from the acquisition from the State Government," Court further said while setting aside High Court's order.

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History of this topic

[J&K Land Acquisition Act] Publication In All Three Modes Prescribed U/S 4 Is Compulsory For Acquisition: HC Quashes Land Acquisition For Amusement Park
5 days, 10 hours ago

[J&K Land Acquisition Act] Publication In All Three Modes Prescribed U/S 4 Is Compulsory For Acquisition: HC Quashes Land Acquisition For Amusement Park

Live Law  

The Jammu and Kashmir and Ladakh High Court has reaffirmed that the publication of a notification under Section 4 of the J&K Land Acquisition Act must strictly adhere to all three prescribed modes ie public notice, Government Gazette, and two widely circulated newspapers, including one in the regional language. Despite this, the Collector Land Acquisition allegedly bypassed mandatory procedures under …

Court upholds Navi Mumbai land acquisition, urges restitution beyond compensation
1 week ago

Court upholds Navi Mumbai land acquisition, urges restitution beyond compensation

India Today  

The Bombay High Court has dismissed a batch of petitions filed by landowners in Navi Mumbai challenging the acquisition of their land for a township project. However, the court directed that the affected farmers be provided with adequate compensation, also emphasising the need for proper restitution and rehabilitation beyond mere monetary payments. A bench of Justices MS Sonak and Jitendra …

Land acquired for public purposes cannot be returned to owner by beneficiary through private deal: Supreme Court
1 week, 4 days ago

Land acquired for public purposes cannot be returned to owner by beneficiary through private deal: Supreme Court

The Hindu  

The Supreme Court, in a judgment on Thursday, held that it was a fraud played on the State’s power of eminent domain if land acquired by the government for public purposes is transferred back to the original owner by the beneficiary of the acquisition through a private agreement. The verdict by a Bench of Chief Justice of India Sanjiv Khanna …

Land Acquired By Govt Cannot Be Transferred Back By Beneficiary To Original Owner Through Private Agreement : Supreme Court
1 week, 4 days ago

Land Acquired By Govt Cannot Be Transferred Back By Beneficiary To Original Owner Through Private Agreement : Supreme Court

Live Law  

The Supreme Court today ruled that land acquired by the government through its sovereign power of eminent domain for public purposes cannot be transferred back to the original owner by the beneficiary of the acquisition through private agreements.A bench comprising Chief Justice Sanjiv Khanna and Justice Sanjay Kumar heard a case in which the Delhi Agricultural Marketing. The Supreme Court …

Limitation Act Doesn't Apply To Writ Petitions But Party Guilty Of Delay & Laches Can't Be Given Relief: Orissa High Court
1 week, 4 days ago

Limitation Act Doesn't Apply To Writ Petitions But Party Guilty Of Delay & Laches Can't Be Given Relief: Orissa High Court

Live Law  

The Orissa High Court has reiterated that the provisions of the Limitation Act, 1963 are not applicable to writ petitions, however, the principles governing the law of limitation holds some ground even in adjudication of petitions under Article 226 and thus, a party who is guilty of laches cannot be granted relief. While exercising discretionary powers under Article 226 of …

'Speculative Litigation': Bombay High Court Imposes ₹2 Lakh Exemplary Costs For Ownership Claim On Land Acquired In 1947
1 month ago

'Speculative Litigation': Bombay High Court Imposes ₹2 Lakh Exemplary Costs For Ownership Claim On Land Acquired In 1947

Live Law  

The Bombay High Court imposed Rs. 2 lakh in exemplary costs on the petitioners for 'taking chances' with the court process by filing a petition claiming ownership of land acquired in 1947, offering no explanation for the 77-year delay and making contradictory pleadings and unverified averments. Sonak and Justice Jitendra Jain remarked, “Based upon utterly contradictory pleadings regarding the status …

Supreme Court Annual Digest 2024: Land Laws
1 month, 3 weeks 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 …

[Land Acquisition Act] Interest Added To Compensation Becomes Part Of Awarded Sum, Cannot Be Segregated For Further Calculation: Jharkhand HC
1 month, 3 weeks ago

[Land Acquisition Act] Interest Added To Compensation Becomes Part Of Awarded Sum, Cannot Be Segregated For Further Calculation: Jharkhand HC

Live Law  

The Jharkhand High Court, in a recent judgment, has observed that in land acquisition cases, there is no distinction between the sum and sum without interest, and once the interest is included in the sum for which the Award is made, that cannot be segregated. Justice Sanjay Kumar Dwivedi presiding over the case, observed, “There is no distinction between the …

Knowledge About Sale Deed Can't Be Presumed From Date Of Its Registration; Limitation Period Starts From Date Of Knowledge : Supreme Court
2 months, 3 weeks ago

Knowledge About Sale Deed Can't Be Presumed From Date Of Its Registration; Limitation Period Starts From Date Of Knowledge : Supreme Court

Live Law  

While dealing with dismissal of a suit, seeking cancellation of a sale deed, on the ground of limitation, the Supreme Court recently reiterated that the period of limitation in such cases begins from the date when knowledge of fraud is acquired, and not the date of registration. "While the High Court came to the correct conclusion that under Article 59 …

Punjab & Haryana HC Strikes Down Provision To Denotify Land Inserted By Haryana Assembly In Land Acquisition Act
3 months ago

Punjab & Haryana HC Strikes Down Provision To Denotify Land Inserted By Haryana Assembly In Land Acquisition Act

Live Law  

The Punjab & Haryana High Court has struck down Section 101A inserted by Haryana assembly in the Right to Fair Compensation Transparency in Land Acquisition, Rehabilitation and Resettlement Act 2013.This provision gave state government the power to denotify a land acquired under the Land Acquisition Act 1894 if the public purpose for which the land was acquired becomes unviable. The …

Unreasonable Delay In Seeking Restoration Of Granted Land Can Be Ground For Denying Relief: Karnataka High Court
3 months, 1 week ago

Unreasonable Delay In Seeking Restoration Of Granted Land Can Be Ground For Denying Relief: Karnataka High Court

Live Law  

The Karnataka High Court recently upheld an order of the single judge which dismissed a petition filed by the original grantee of a land who had sought restoration of land to themselves, 12 years after it was first transferred to private persons. 12 years having been passed, it would be highly unreasonable, unjust and inequitable, as well as against law …

Right To Protect Private Property Can't Be Brushed Away Merely Due To Delay & Laches: Supreme Court Condones 21-Year Delay In Land Acquisition Case
3 months, 1 week ago

Right To Protect Private Property Can't Be Brushed Away Merely Due To Delay & Laches: Supreme Court Condones 21-Year Delay In Land Acquisition Case

Live Law  

The Supreme Court recently observed that while delay in approaching the court is a significant factor, the right to property of an individual cannot be defeated solely on the ground of delay and laches. The Court dismissed four appeals by the Urban Improvement Trust challenging Rajasthan High Court judgment which quashed acquisition of respondents' land under the Rajasthan Urban Improvement …

Land Acquisition Act 1894 | Re-determination Of Compensation Under S. 28A Can Be Sought Based On High Court's Enhacement : Supreme Court
3 months, 2 weeks ago

Land Acquisition Act 1894 | Re-determination Of Compensation Under S. 28A Can Be Sought Based On High Court's Enhacement : Supreme Court

Live Law  

Recently, the Supreme Court ruled that a claim for re-determination of enhanced compensation under Section 28-A of the Land Acquisition Act, 1894, cannot be denied merely because it was based on the High Court's decision to enhance compensation instead of the Reference Court's decision under Section 18 of the Act. The appellants, who had not filed a reference under Section …

Legal Briefs | Govt officers in Telangana face contempt heat in land acquisition case
4 months, 1 week ago

Legal Briefs | Govt officers in Telangana face contempt heat in land acquisition case

Deccan Chronicle  

HYDERABAD: Justice T. Vinod Kumar of the Telangana High Court initiated contempt proceedings against senior government officials for failure to comply with court orders directing payment of enhanced compensation in a decade-old land acquisition case. Dissatisfied with the initial compensation, petitioner M. Balakrishna Reddy sought a reference under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and …

Punjab & Haryana High Court Reiterates Limited Scope For Interference U/S 34 & 37 Of Arbitration Act, Upholds Award In Land Development Dispute
4 months, 1 week ago

Punjab & Haryana High Court Reiterates Limited Scope For Interference U/S 34 & 37 Of Arbitration Act, Upholds Award In Land Development Dispute

Live Law  

The Punjab and Haryana High Court bench of Justices Arun Palli and Vikram Aggarwal has reiterated that the scope of interference with an arbitral award under Section 34 of the Arbitration and Conciliation Act, 1996, is narrow, and the appellate jurisdiction under Section 37 is even more circumscribed. The court upheld an arbitral award in favour of village landowners, who …

Acquisition Proceedings Initiated Under UP Awas Vikas Adhiniyam 1965, Cannot Be Held To Have Lapsed Under Land Acquisition Act, 2013: High Court
6 months, 2 weeks ago

Acquisition Proceedings Initiated Under UP Awas Vikas Adhiniyam 1965, Cannot Be Held To Have Lapsed Under Land Acquisition Act, 2013: High Court

Live Law  

The Allahabad High Court has held that acquisition proceedings initiated under U.P. Avas Evam Vikas Parishad Adhiniyam, 1965 cannot be held to have lapsed under Section 24 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. The bench comprising of Justice Manoj Kumar Gupta and Justice Manish Kumar Nigam held “While Section 24 …

Supreme Court Dismisses Himachal Pradesh Govt's Appeal Against HC Decision Quashing Illegal Land Acquisition
7 months, 2 weeks ago

Supreme Court Dismisses Himachal Pradesh Govt's Appeal Against HC Decision Quashing Illegal Land Acquisition

Live Law  

The Supreme Court on Monday dismissed an appeal filed by the State government of Himachal Pradesh challenging the division bench's order of the Himachal High Court which had stated that the government forcibly acquired private property violating the fundamental right under Article 300A of the Indian Constitution. Justice Datta at the outset asked the advocate for the appellant: “Your subject …

Right To Relief Lost: Karnataka High Court Dismisses Plea Filed After 44 Yrs Challenging Land Acquisition Proceedings From 1978
8 months, 2 weeks 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 …

No Land Acquisition Compensation Determined For 42 Years : Supreme Court Expresses Disappointment With HC For Not Questioning State
10 months, 2 weeks ago

No Land Acquisition Compensation Determined For 42 Years : Supreme Court Expresses Disappointment With HC For Not Questioning State

Live Law  

The Supreme Court, while deciding a civil appeal, has expressed its disappointment at the Patna High Court's approach, inter alia, for not questioning the State as to why it did not pay compensation to the appellant for forty-two years after acquiring his land. There are many issues arising in this litigation and the High Court should have taken little pains …

Telangana HC rules 185 acres in Sultanpally not jagir land
1 year, 2 months ago

Telangana HC rules 185 acres in Sultanpally not jagir land

Deccan Chronicle  

Hyderabad: A two-judge of the Telangana High Court refused to interfere with the order of a single judge who set aside a government memo issued in 2005 relating to land in Sultanpally of Shamshabad mandal in Rangareddy district. The government contended that “there is no material on record to show that the subject land is a private patta land.” It …

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, 5 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

Live Law  

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 …

[Land Acquisition Act] Serving Notice To 'Interested Persons' Regarding Passing Of Award Mandatory U/S 12(2): Himachal Pradesh High Court
1 year, 8 months ago

[Land Acquisition Act] Serving Notice To 'Interested Persons' Regarding Passing Of Award Mandatory U/S 12(2): Himachal Pradesh High Court

Live Law  

Seven years after passing of compensation award for land acquisition in Mangu village near Solang, the Himachal Pradesh High Court on Tuesday ordered that the award be referred to the Statutory authority for determination of the compensation. It observed that Section 12 of the Land Acquisition Act 1894, which mandates notice of passing of the award to the interested persons, …

S.64 Right To Fair Compensation Act: HP High Court Rules Collector Bound To Refer Objections Against Land Acquisition Award To Appropriate Authority
1 year, 10 months ago

S.64 Right To Fair Compensation Act: HP High Court Rules Collector Bound To Refer Objections Against Land Acquisition Award To Appropriate Authority

Live Law  

The provision of Section 64 of 2013, Act does not leave any discretion with the Land Acquisition Collector to determine the issue himself. On receipt of an application with objection on any of the ground enumerated above, the Collector has to refer the matter to the authority, " The Himachal Pradesh High Court has ruled that in terms of Section …

Land Acquisition | After Taking Possession, Land Vests With State; Any Person Retaining Possession After That Is A Trespasser : Supreme Court
1 year, 11 months ago

Land Acquisition | After Taking Possession, Land Vests With State; Any Person Retaining Possession After That Is A Trespasser : Supreme Court

Live Law  

The Supreme Court set aside an order passed by the Delhi High Court which held that since the compensation was not paid to the landowners, the acquisition of the land in question was lapsed in view of Section 24 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. While relying upon the judgment …

RFCTLARR Act - Owner Cannot Pray For Lapse Of Land Acquisition After Refusing To Accept Compensation : Supreme Court
2 years ago

RFCTLARR Act - Owner Cannot Pray For Lapse Of Land Acquisition After Refusing To Accept Compensation : Supreme Court

Live Law  

The Supreme Court has held once the land owner refuses to accept the compensation offered by the Land Acquiring Body, thereafter the land owner cannot to pray for lapse of acquisition on the ground that the compensation has not been paid. Thereafter, the Division Bench of the High Court held that the land acquisition is deemed to have lapsed under …

[Kerala Land Reforms Act] Mutation In Favour Of Third Party Has No Bearing On Proceedings Against Predecessor-In-Interest Over Excess Land: High Court
2 years ago

[Kerala Land Reforms Act] Mutation In Favour Of Third Party Has No Bearing On Proceedings Against Predecessor-In-Interest Over Excess Land: High Court

Live Law  

The Kerala High Court recently directed the mutation of land covered by two sale deeds in favour of the person who purchased the land, notwithstanding the fact that the predecessor-in-interest was allegedly holding the land in excess of the ceiling limit under Kerala Land Reforms Act. The Single Judge Bench of Justice Gopinath P. observed, "Even in respect of cases …

Petition Under Article 32 To Challenge A Binding Judgment Not Maintainable : Supreme Court
2 years ago

Petition Under Article 32 To Challenge A Binding Judgment Not Maintainable : Supreme Court

Live Law  

The Supreme Court has held that a petition filed under Article 32 to challenge a binding judgment passed by the Court is not maintainable.A bench led by Chief Justice of India DY Chandrachud made this observation while dismissing a petition which sought to declare that the judgment in Indore Development Authority vs. Manoharlal was not a good law and overrule …

HC division bench reverts writ petition over ‘faulty’ order by single judge
2 years ago

HC division bench reverts writ petition over ‘faulty’ order by single judge

Deccan Chronicle  

Hyderabad: The division bench of the Telangana High Court, headed by Chief Justice Ujjal Bhuyan, faulted a single-judge order that disposed of a land-related petition without issuing notices or hearing the contentions of related parties. Despite the ownership tussle, the single-judge bench ordered revenue authorities to take necessary action on mutation, following which Ravula Laxmi and Sushruth Reddy filed an …

Land Cannot Be Kept Under Temporary Acquisition For Years, It Violates Right To Property Under Article 300A : Supreme Court
2 years, 2 months ago

Land Cannot Be Kept Under Temporary Acquisition For Years, It Violates Right To Property Under Article 300A : Supreme Court

Live Law  

The Supreme Court bench comprising Justices MR Shah and MM Sundresh have held that, “to continue with the temporary acquisition for number of years would be arbitrary and can be said to be infringing the right to use the property guaranteed under Article 300A of the Constitution of India. Even to continue with the temporary acquisition for a longer period …

Supreme Court Annual Digest 2022- Land Laws
2 years, 2 months 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 …

Land Once Acquired By State Cannot Be Divested, Reconveyed To Original Owner: HP HC Orders NHAI To Pay Compensation For Land Acquisition
2 years, 3 months ago

Land Once Acquired By State Cannot Be Divested, Reconveyed To Original Owner: HP HC Orders NHAI To Pay Compensation For Land Acquisition

Live Law  

The Himachal Pradesh High Court, while disposing of a petition filed for compensation by a person whose land was acquired by the NHAI, held that once the land has been acquired by the NHAI under the relevant statutory provisions, the authorities could not divest themselves or reconvey the land on the basis that the acquired land was no longer required …

Subsequent Purchaser Has No Right to Claim Lapse of Land Acquisition Proceedings U/s 24 RFCTLARR : Supreme Court
2 years, 4 months ago

Subsequent Purchaser Has No Right to Claim Lapse of Land Acquisition Proceedings U/s 24 RFCTLARR : Supreme Court

Live Law  

The Supreme Court reiterated that a subsequent purchaser has no right to claim lapse of acquisition proceedings.In this case, the land in question was notified to be acquired under Section 4 of the Land Acquisition Act, 1894 on 25.11.1980; declaration under Section 6 was issued on 07.06.1985; and award came to be declared by the Collector on 17.06.1987. Vs. Commissioner, …

Sec 24(1) RFCTLARR Act- Land Acquisition Proceedings Get "Initiated" From Publication Of Sec 4(1) Notification Under 1894 Act : Supreme Court
2 years, 8 months ago

Sec 24(1) RFCTLARR Act- Land Acquisition Proceedings Get "Initiated" From Publication Of Sec 4(1) Notification Under 1894 Act : Supreme Court

Live Law  

In a judgment delivered on Thursday, the Supreme Court explained the meaning of 'Initiation' for the purpose of Section 24 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.The proceedings under the Land Acquisition Act, 1894, shall be treated as initiated on publication of a notification under Section 4. The proceedings under the …

SC ruling: ‘Thousands of acres of illegally sold land to be restored to Haryana panchayats’
2 years, 9 months ago

SC ruling: ‘Thousands of acres of illegally sold land to be restored to Haryana panchayats’

Hindustan Times  

Land chunks described in the revenue records as shamilat deh and wrongly partitioned and alienated would now be restored to gram panchayats in Haryana following an April 7 Supreme Court judgment. An SC bench comprising Justice Hemant Gupta and Justice V Ramasubramanian in its landmark April 7 judgment had ruled that the village common land can neither be repartitioned among …

Subsequent Purchaser After Issuance Of Notification Under Land Acquisition Act Can't Challenge Acquisition Proceedings: Madras High Court
2 years, 9 months ago

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

Live Law  

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 …

Land Acquisition | S.3(H)(4) National Highways Act Enables Non-Owners Interested In Compensation To Approach Competent Authority: Punjab & Haryana HC
2 years, 9 months ago

Land Acquisition | S.3(H)(4) National Highways Act Enables Non-Owners Interested In Compensation To Approach Competent Authority: Punjab & Haryana HC

Live Law  

The Punjab and Haryana High Court while dealing with a writ petition pertaining to land acquisition under the National Highways Act, 1956, has held that Section 3 thereof enables any person interested in the compensation, to file an application to the competent authority with a request to forward the dispute with regard to entitlement or apportionment to the Principal Civil …

Land acquired after possession and payment of compensation vests with State, says Supreme Court
2 years, 9 months ago

Land acquired after possession and payment of compensation vests with State, says Supreme Court

Firstpost  

The top court noted that the petitioner’s land was acquired, its possession taken over and the payment of compensation under the Land Acquisition Act, 1894 paid New Delhi: Land acquired by authorities after its possession and payment of compensation under the Land Acquisition Act vests with the State, free from all encumbrances, the Supreme Court has said. The top court …

Land Acquisition | Right To Property Is A Valuable Right, State Cannot Deny Compensation Merely On The Ground Of Delay: Calcutta HC
2 years, 10 months ago

Land Acquisition | Right To Property Is A Valuable Right, State Cannot Deny Compensation Merely On The Ground Of Delay: Calcutta HC

Live Law  

The Calcutta High Court has recently observed that since the right to property is a valuable right guaranteed under Section Article 300A of the Constitution of India, merely on the ground of delay the State cannot deny its obligation to provide compensation for land acquisition. A Bench comprising Justice Arijit Banerjee and Justice Kausik Chanda was adjudicating upon an appeal …

Purchaser Has No Right To Claim Lapsing Of Land Acquisition Proceedings Under Sec 24 RFCTLARR Act : Supreme Court
2 years, 10 months ago

Purchaser Has No Right To Claim Lapsing Of Land Acquisition Proceedings Under Sec 24 RFCTLARR Act : Supreme Court

Live Law  

"The purchaser has no right to claim lapsing of acquisition proceedings in view of the recent larger Bench judgment of this Court reported as Shiv Kumar & Anr. A Bench comprising Justices Hemant Gupta and V. Ramasubramanian allowed appeal filed by Delhi Development Authority assailing the order of the Delhi High Court which had allowed writ petition seeking declaration that …

When Does Land Acquisition Proceedings Start Under 1894 Act For The Purposes Of Section 24(1) RFCTLARR Act? SC Continues Hearing
2 years, 11 months ago

When Does Land Acquisition Proceedings Start Under 1894 Act For The Purposes Of Section 24(1) RFCTLARR Act? SC Continues Hearing

Live Law  

The Supreme Court on Wednesday resumed hearing on a string of petitions raising the question whether the expression "proceedings" in section 24 of the 2013 Land Acquisition Act is to be reckoned from the date of notification under Section 4 of the Land Acquisition 1894 or with the date of notification under Section 6 of the old Act. On Tuesday, …

Person Whose Land Title Is In Dispute Before Civil Court Can't Seek Withdrawal Of Land Acquisition Proceedings: Telangana High Court
2 years, 11 months ago

Person Whose Land Title Is In Dispute Before Civil Court Can't Seek Withdrawal Of Land Acquisition Proceedings: Telangana High Court

Live Law  

The Telangana High Court has held that a person, whose title is in dispute, cannot invoke the provisions of Section 48 of the Land Acquisition Act, 1894 for withdrawal of land acquisition proceedings.A division Bench of Chief Justice Satish Chandra Sharma and Justice Abhinand Kumar Shavili upheld a single judge order which held that once the title is in dispute …

No TDS Required To Be Deducted On Enhanced Compensation Awarded By Court Under Land Acquisition Act: Delhi ITAT
2 years, 11 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 By State For "Public Purpose" Can't Be Disputed At The Drop Of A Hat: Punjab & Haryana High Court Reiterates
2 years, 11 months ago

Land Acquisition By State For "Public Purpose" Can't Be Disputed At The Drop Of A Hat: Punjab & Haryana High Court Reiterates

Live Law  

Punjab and Haryana High Court has held that any acquisition made by the government for public use cannot be disputed by landowner at the drop of the hat. Hence, keeping in view the judgment passed by Hon'ble the Supreme Court in Ram Swaroop's case, the impugned order dated 12.11.2021, whereby representation for release of land under Section 101-A of 2013 …

Forcible Dispossession Of Private Property Of A Person Without Following Due Process Of Law, Is Violative Of Both Human & Constitutional Right: Supreme Court
2 years, 11 months ago

Forcible Dispossession Of Private Property Of A Person Without Following Due Process Of Law, Is Violative Of Both Human & Constitutional Right: Supreme Court

Live Law  

The Supreme Court observed that forcible dispossession of private property of a person without following due process of law, is violative of both their human right and constitutional right.Sukh Dutt Ratra and Bhagat Ram claim to be owners of land which was utilized for the construction of the 'Narag Fagla Road' in 1972-73. The Supreme Court observed that forcible dispossession …

Persons Who Purchased A Portion Of Paddy Land After Commencement Of Act Can't Reclaim It For Residential Use: Kerala High Court Overrules Earlier Precedent
3 years ago

Persons Who Purchased A Portion Of Paddy Land After Commencement Of Act Can't Reclaim It For Residential Use: Kerala High Court Overrules Earlier Precedent

Live Law  

The Kerala High Court on Wednesday held that owners of a portion of a paddy field who purchased it after the enactment of Kerala Conservation of Paddy Land and Wetland Act, 2008 are not entitled to reclaim it for the purpose of residential use. However, as per Section 5, a Local Level Monitoring Committee can recommend to the District Level …

Judgment Must Have Clarity On Exact Relief Granted So As To Avoid Difficulty In Execution : Supreme Court
3 years ago

Judgment Must Have Clarity On Exact Relief Granted So As To Avoid Difficulty In Execution : Supreme Court

Live Law  

In a matter related to land acquisition, the Supreme Court recently observed that judgment must have a clarity on the exact relief that is granted by the Court so that it may not create further complication and/or difficulty in the execution.The bench of Justices MR Shah and BV Nagarathna made this observation while considering appeals preferred by the claimants landowners …

Person Deprived Of Possession Of His Property On Account Of Acquisition Of Land Should Be Paid Compensation Immediately: Supreme Court
3 years, 2 months ago

Person Deprived Of Possession Of His Property On Account Of Acquisition Of Land Should Be Paid Compensation Immediately: Supreme Court

Live Law  

The Supreme Court observed that if a person is deprived of possession of his property on account of acquisition of land, he should be paid compensation immediately.If the same is not paid to him forthwith, he would be entitled to interest on the compensation amount from the date of taking possession of the land till the date of payment, the …

Land Acquisition Act 1894 -Section 17(4) Notification Liable To Be Quashed If State Fails To Show Exceptional Circumstances Justifying Urgency : Supreme Court
3 years, 4 months ago

Land Acquisition Act 1894 -Section 17(4) Notification Liable To Be Quashed If State Fails To Show Exceptional Circumstances Justifying Urgency : Supreme Court

Live Law  

The Supreme Court has held that the urgency clause under Section 17 of the Land Acquisition Act 1894 can be invoked only in exceptional circumstances.Section 17 of the Land Acquisition Act 1894 gives power to the land acquisition authorities to take immediate possession of the land before the proceedings related to award of compensation are over. The Supreme Court has …

Sec 40 RERA - Homebuyers Entitled To Recover Amount Invested Along With Interest As Land Revenue Arrears From Builder : Supreme Court
3 years, 4 months ago

Sec 40 RERA - Homebuyers Entitled To Recover Amount Invested Along With Interest As Land Revenue Arrears From Builder : Supreme Court

Live Law  

The Supreme Court in its judgment delivered on Thursday had, inter alia, held that the amount invested by the allottees, which is often their life savings, along with the interest thereon as quantified by the regulatory authority or the adjudicating officer can be recovered as arrears of land revenue by them from the builders, under Section 40 of the Real …

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