New Claim For Enhancement Of Compensation From NHAI Based On Subsequent Change Of Land Use ; Barred By Limitation : Madhya Pradesh High Court
1 year, 5 months ago

New Claim For Enhancement Of Compensation From NHAI Based On Subsequent Change Of Land Use ; Barred By Limitation : Madhya Pradesh High Court

Live Law  

The Madhya Pradesh High Court has held that the cause of action for referring the dispute to arbitrator under Section 3G of the National Highways Act, 1956 arises on the date of the determination of the amount of compensation by the competent authority under Section 3G of the Act. The bench of Justice Milind Ramesh Phadke held that though there is no period of limitation provided for referring the dispute to arbitrator under the said Section, however, it is governed by the residuary clause as contained under Article 137 of the Limitation Act wherein a period of 3 years is provided. Though the award was passed on 26.12.2012, however, it was acquired by the petitioner only in the year 2018, therefore, she filed the reference in the year 2021 within the prescribed limitation period. Analysis by the Court The Court observed that the award of compensation was passed on 26.12.2012 and the land of the petitioner was treated as an agricultural land and not a commercial land, therefore, the cause of action for referring the dispute to arbitrator arose on the same date in favour of the petitioner, however, the reference before the arbitrator was filed much later in the year 2021 which is patently beyond the period of limitation. The Court held that the cause of action to refer a dispute to arbitrator arises on the date of the award of compensation and any reference must be made within the limitation period.

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History of this topic

If Award For Land Acquisition Is Passed After Amendment To Section 25, Court Can Grant Higher Compensation: Bombay High Court
2 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 …

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

Levy Of Additional Compensation Noble: Allahabad HC Upholds Levy Of Penal Interest On Unpaid Additional Compensation During Pending Litigation
4 months, 3 weeks ago

Levy Of Additional Compensation Noble: Allahabad HC Upholds Levy Of Penal Interest On Unpaid Additional Compensation During Pending Litigation

Live Law  

The Allahabad High Court has upheld the levy of penal interest by the Yamuna Expressway Industrial Development Authority on additional compensation which was not paid by the petitioner during the pendency of litigation. The Principle of restitution is founded on the ideal of complete justice, entitling the successful party to compensation, including interest, for the period it was deprived of …

HC Hearing: IMG Bharata Argues Against Withdrawal of 850 Acre Land
10 months ago

HC Hearing: IMG Bharata Argues Against Withdrawal of 850 Acre Land

Deccan Chronicle  

IMG Academies Bharata Pvt Ltd on Wednesday informed the Telangana High Court that it had paid the entire consideration for 850 acres land in Gachibowli to the state government after it was allocated land in 2003. In 2003, the then Telugu Desam government offered to sell the said land for Rs 4.25 crore to the company, whose share capital was …

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

'Great Sanctity For Finality Of Judgment': Madhya Pradesh High Court Refuses To Entertain Second Review Petition Arising Out Of Writ Proceedings
10 months, 1 week ago

'Great Sanctity For Finality Of Judgment': Madhya Pradesh High Court Refuses To Entertain Second Review Petition Arising Out Of Writ Proceedings

Live Law  

Noting that the 'doctrine of finality' in judgments has great sanctity, Madhya Pradesh High Court held a second review petition before it arising out of a writ matter to be non-maintainable. Afterwards, turning to the factual matrix of the case, the court proceeded to make the following observations: “…The petitioner has already exhausted remedy of writ petition, writ appeal, review …

NHAI burdening courts with unnecessary litigations, says Kerala HC
1 year, 6 months ago

NHAI burdening courts with unnecessary litigations, says Kerala HC

Deccan Chronicle  

Kochi: The Kerala High Court has criticised the National Highways Authority of India saying it has become a common practice of the authority to burden the courts with a spate of litigations and that its delay in granting compensation results in payment of heavy interests. In its order, the division bench of the High Court comprising Justices Amit Rawal and …

RFCTLARR Act - Owner Cannot Pray For Lapse Of Land Acquisition After Refusing To Accept Compensation : Supreme Court
1 year, 8 months 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 …

Madhya Pradesh High Court Allows Litigant To Withdraw Suit And File It Afresh, 7 Years After It Was Instituted
1 year, 11 months ago

Madhya Pradesh High Court Allows Litigant To Withdraw Suit And File It Afresh, 7 Years After It Was Instituted

Live Law  

The High Court of Madhya Pradesh,Indore Bench recently allowed an application under Order 23 Rule 1 and 3 of the CPC moved by a litigantto withdraw his suit with liberty to file it afresh, more than seven years after the case was instituted before a Civil Judge in Dewas. Thus in my opinion the reasons given by theplaintiff in his …

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

Reliance On Evidence Filed After Conclusion Of Hearing; Award Is Patently Illegal: Bombay High Court
2 years, 2 months ago

Reliance On Evidence Filed After Conclusion Of Hearing; Award Is Patently Illegal: Bombay High Court

Live Law  

The Bombay High Court has ruled that where the only documentary material relied upon by the claimant in the arbitral proceedings, is introduced on record surreptitiously and after the conclusion of hearing, the arbitral award is vitiated on account of patent illegality. The Court ruled that the said sale deeds were introduced on record behind the back of NHAI, after …

Come clear on compensation to flood-hit farmers, High Court tells Telangana
2 years, 3 months ago

Come clear on compensation to flood-hit farmers, High Court tells Telangana

Deccan Chronicle  

Hyderabad: The Supreme Court directed the state government to submit details of compensation it had paid to farmers whose crops were damaged during the October 2020 floods. The government filed an appeal against the orders of the Telangana High Court in September 2021, directing the government to immediately enumerate the farmers who suffered severe crop loss in October 2020 and …

Supreme Court Disapproves Entertaining Of Writ Petitions For Executing Arbitration Awards Against NHAI: Supreme Court
2 years, 4 months ago

Supreme Court Disapproves Entertaining Of Writ Petitions For Executing Arbitration Awards Against NHAI: Supreme Court

Live Law  

The Supreme Court disapproved the entertaining of writ petitions seeking execution of Arbitration awards passed against National Highways Authority of India. "If the High Courts convert itself to the Executing Court and entertain the writ petitions under Article 226 of the Constitution of India to execute the award passed by the Arbitral Tribunal/Court, the High Courts would be flooded with …

Arbitral Award Not Providing Statutory Compensation On Land Acquired Under NHA Is Perverse: Madras High Court
2 years, 7 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 …

Gujarat High Court Directs NHAI To Re-Compute Compensation For Agricultural Land Acquired In 2014 For Vadodara-Mumbai Expressway
2 years, 8 months ago

Gujarat High Court Directs NHAI To Re-Compute Compensation For Agricultural Land Acquired In 2014 For Vadodara-Mumbai Expressway

Live Law  

The Gujarat High Court recently allowed the writ petition of a land-owner, seeking directions to re-compute the award passed by the competent authority in pursuance of land acquisition proceedings for the purpose of construction of Vadodara-Mumbai Expressway. The Petitioners sought that the compensation be revised by applying the market value of the land with Multiplier Factor-2 since the land was …

'Interest To Solatium A Must': Madras High Court Modifies Award Of Additional Compensation For Land Acquired By ONGC
2 years, 9 months ago

'Interest To Solatium A Must': Madras High Court Modifies Award Of Additional Compensation For Land Acquired By ONGC

Live Law  

While upholding the additional compensation per Are granted by a Reference Court under the Land Acquisition Act, 1894, Madras High Court has held that interest for Solatium is a mandatory component as per Section 28 of the Act.The single Bench of Dr Justice G. Jayachandran was hearing a batch of appeal suits preferred by Oil and Natural Gas Corporation Limited. …

Kerala High Court Stays Govt Order Sanctioning Land Acquisition By State Exempting Land Value From Compensation
3 years, 4 months ago

Kerala High Court Stays Govt Order Sanctioning Land Acquisition By State Exempting Land Value From Compensation

Live Law  

A writ petition has been filed before the Kerala High Court challenging the proceedings for land acquisition initiated by a Government Order dated 4th February 2021 by which an administrative sanction has been granted to acquire 102.6 acres of land belonging to the petitioner by merely paying the value of improvements made on the land as compensation. It was additionally …

Supreme Court Sets Aside MP HC Order To Disburse 1.96 Crore Deposited By Defence Ministry To Land Owners As Compensation
3 years, 5 months ago

Supreme Court Sets Aside MP HC Order To Disburse 1.96 Crore Deposited By Defence Ministry To Land Owners As Compensation

Live Law  

The Supreme Court set aside the Madhya Pradesh High Court order that directed the disbursal of the amount of about Rs. 1.96 crore deposited by Defence Ministry with Collector as compensation to land owners.Land owners of about 51.57 acres in Jabalpur had filed the writ petition before the Madhya Pradesh High court alleging that they were being obstructed by the …

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