Bombay High Court Full Bench summarizes law on Land acquisition awards [Read Judgment]
8 years, 11 months ago

Bombay High Court Full Bench summarizes law on Land acquisition awards [Read Judgment]

Live Law  

Full Bench of Bombay High Court has held that if the possession is taken before the Section 4of the Land Acquisition Act is published and/or before the award is passed, the land­ owner would been titled for interest as per Section 34 necessarily from the date of passing of the award under Section 11 of the said Act, except in cases where the possession is taken in accordance with Section. Full Bench of Bombay High Court has held that if the possession is taken before the Section 4of the Land Acquisition Act is published and/or before the award is passed, the land­ owner would been titled for interest as per Section 34 necessarily from the date of passing of the award under Section 11 of the said Act, except in cases where the possession is taken in accordance with Section 17 of the said Act, and in that situation only, the provision of Section 34 of the said Act shall start operating from the date of possession. after an award is made by the Collector under Section 11 therein,the interest would be payable under Section 34 from the date of passing of the award The interest as provided under Section 34 of the said Act shall start running from the date of possession only if the possession is taken by the Collector in exercise of his powers under Section 17 of the said Act which would obviously be after issuance of notice under Section 9 of the said Act.If the possession is taken under Section 17, the interest payable under Section 34 of the said Act shall start running from the date of possession and not from the date of award. where possession is taken prior to issuance of notification under Section 4of the said Act, the interest under Section 34 shall start running from the date of award only.

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History of this topic

Court upholds Navi Mumbai land acquisition, urges restitution beyond compensation
2 days, 15 hours 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
6 days, 22 hours 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 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 …

Bombay High Court Quashes Acquisition Of Agricultural Lands For Navi Mumbai Airport Project
Trending News
3 weeks, 1 day ago

Bombay High Court Quashes Acquisition Of Agricultural Lands For Navi Mumbai Airport Project

Live Law  

The Bombay High Court has set aside an award of land acquisition of agricultural lands for the purpose of Navi Mumbai Airport Project at Vahal Village in Panvel District, noting that there were procedural lapses in the proceedings. The Court observed that without invoking the urgency provisions in Section 17, Section 5A requirements were dispensed with and a Section 6 …

'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, 2 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 …

5.25 Acres Of Land For Bombay HC New Building Will Be Handed Over By End Of January: Maharashtra Govt To Supreme Court
2 months, 1 week ago

5.25 Acres Of Land For Bombay HC New Building Will Be Handed Over By End Of January: Maharashtra Govt To Supreme Court

Live Law  

In the suo moto case involving the issue of additional land allotment for Bombay High Court's new complex, the Maharashtra government informed the Supreme Court yesterday that an area of 5.25 acres, which was to be handed over by December 31, 2024 would be handed over by the end of January, 2025.The matter was before a bench of Justices BR …

Land Acquisition Compensation - In Exceptional Cases, Courts Can Direct Market Value Be Determined Based On A Date After Prelim Notification : Supreme Court
2 months, 3 weeks 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. …

Land Acquisition Act 1894 | Re-determination Of Compensation Under S. 28A Can Be Sought Based On High Court's Enhacement : Supreme Court
3 months, 1 week 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 …

HC enhances compensation to A H Wadia Trust for land acquisition for airport
3 months, 1 week ago

HC enhances compensation to A H Wadia Trust for land acquisition for airport

Hindustan Times  

MUMBAI: The Bombay high court has enhanced the compensation granted to A H Wadia Trust for acquisition of 50,000 sq m of its land for expansion of the Chhatrapati Shivaji Maharaj International Airport. HC enhances compensation to A H Wadia Trust for land acquisition for airport A single judge bench of justice Milind Jadhav on Wednesday held that the trust …

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

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

Release Land Allotted For New Bombay HC Building So That Construction Can Start Soon : Supreme Court To Maharashtra Govt
10 months, 1 week ago

Release Land Allotted For New Bombay HC Building So That Construction Can Start Soon : Supreme Court To Maharashtra Govt

Live Law  

The Supreme Court today asked the Chief Justice of Bombay High Court to expedite the process of finalising the architect and design plan for the new High Court building. On the last hearing, the Court directed the Maharashtra Public Works Department to conduct a structural and safety audit of the present Bombay High Court building in Fort, Mumbai before monsoon, …

Court orders revised compensation to owners for land acquired by Mumbai's Atal Setu
1 year, 2 months ago

Court orders revised compensation to owners for land acquired by Mumbai's Atal Setu

India Today  

The Bombay High Court has directed the Maharashtra government to promptly provide revised compensation to 20 landowners whose lands were acquired for the Mumbai Trans Harbour Sea Link Project, now known as "Atal Setu." The court noted that land acquisition proceedings initiated under the Land Acquisition Act of 1894 had lapsed due to non-compliance with statutory procedures. It directed state …

State Can't Evade Responsibility: Bombay HC Orders Compensation To Family Who Moved Court 37 Yrs After Its Land Was Used For Electricity Substation
1 year, 2 months ago

State Can't Evade Responsibility: Bombay HC Orders Compensation To Family Who Moved Court 37 Yrs After Its Land Was Used For Electricity Substation

Live Law  

The State cannot cite delay in approaching the court to absolve itself of its responsibility towards those whose private property has been “expropriated” or taken for public use without compensation, the Bombay High Court has held. A division bench comprising Justices BP Colabawalla and Somasekhar Sundaresan ordered the Collector of Thane to compute compensation payable to Damodarprasad Bhadani's family under …

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 …

HC Demands all Records of Land Acquisition for Colony in Gajwel
1 year, 7 months ago

HC Demands all Records of Land Acquisition for Colony in Gajwel

Deccan Chronicle  

HYDERABAD: Taking a serious view of the allegations of fraudulent gazette notification for extension of the preliminary notification for land acquisition for works related to the Mallannasagar reservoir, the Telangana High Court on Friday directed revenue officials to produce the entire record of the gazette notification for acquisition of 102 acres in Survey No. Chief Justice Alok Aradhe and Justice …

HC Reserves Verdict in Land Encroachment Cases
1 year, 8 months ago

HC Reserves Verdict in Land Encroachment Cases

Deccan Chronicle  

HYDERABAD: Justice B. Vijaysen Reddy of the Telangana High Court on Monday reserved his verdict on regularisation of an encroached land parcel. Do not regularise houses on graveyard: HC Justice B. Vijaysen Reddy of the Telangana High Court on Monday directed the revenue department not to proceed with regularising illegally constructed dwelling houses in Afzalsagar. The bench of Justice Abhinand …

[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, …

Land for new high court to be processed soon: Bombay High Court told
1 year, 9 months ago

Land for new high court to be processed soon: Bombay High Court told

India Today  

The Maharashtra government on Wednesday, while responding to a plea, informed the Bombay High Court that advance possession of land to construct the new high court complex in Mumbai will be processed soon. Taking note of the letter that was presented by Saraf before the court, the bench of Justices Nitin Jamdar and Sandeep Marne instructed the registrar of the …

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
1 year, 11 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 …

Competent Authority Cannot Make Corrections Once Land Acquisition Award Passed Under National Highways Act: Bombay High Court
2 years ago

Competent Authority Cannot Make Corrections Once Land Acquisition Award Passed Under National Highways Act: Bombay High Court

Live Law  

The Bombay High Court recently held that once a land acquisition compensation award is passed under the National Highways Act, 1956 by the competent authority, the authority cannot make corrections in it. " It cannot be held that the Competent Authority under the National Highways Act, 1956, would have any power or authority to either correct the award for any …

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 …

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, …

Land Acquisition Compensation - When Two Views Are Possible, Prefer The View Which Advances Cause Of Justice Over Technical View : Supreme Court
2 years, 5 months ago

Land Acquisition Compensation - When Two Views Are Possible, Prefer The View Which Advances Cause Of Justice Over Technical View : Supreme Court

Live Law  

The Supreme Court of India recently urged to take a view that advances the cause of justice rather than a technical view while dealing with matters on payment of compensation to land losers. It was submitted that in the order dated 29.01.2018, the Supreme Court had not directed the applicant-MTDC to deposit the entire compensation amount awarded by the Reference …

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 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 …

Arbitral Award Not Providing Statutory Compensation On Land Acquired Under NHA Is Perverse: Madras High Court
2 years, 10 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, 11 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 …

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 …

Right to Fair Compensation Act | 'Land' Includes Things Attached, Benefits Arising Out Of It: Bombay High Court
2 years, 11 months ago

Right to Fair Compensation Act | 'Land' Includes Things Attached, Benefits Arising Out Of It: Bombay High Court

Live Law  

The Bombay High Court on Monday dealt with a petition seeking directions to pay proper compensation in terms of the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. Gangapurwala and Vinay Joshi noted that under the Act, 'land' includes everything that grows on it. It said, "the term 'land' defined under …

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

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 …

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 …

Land Acquisition | 2 Year Period For Lapse Of Proceedings Under 1894 Act Won't Apply After Notification Of 2013 Act : Supreme Court
3 years, 4 months 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 …

CB Judgment In Indore Development Authority Case Doesn't Affect Haryana Govt's Power U/s 101A RFCTLARR To Denotify Acquired Lands: Supreme Court
3 years, 8 months ago

CB Judgment In Indore Development Authority Case Doesn't Affect Haryana Govt's Power U/s 101A RFCTLARR To Denotify Acquired Lands: Supreme Court

Live Law  

The Constitution Bench judgment in Indore Development Authority case will not affect the power of the Government of Haryana under Section 101A of the RFCTLARR Act, to denotify the land acquired under the old Land Acqusition Act for stated reasons in public interest, the Supreme Court observed.The bench comprising Justices AM Khanwilkar and Sanjiv Khanna observed that denotification can be. …

Supreme Court Sets Aside MP HC Order To Disburse 1.96 Crore Deposited By Defence Ministry To Land Owners As Compensation
3 years, 8 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 …

Award Of Lok Adalat Cannot Be Considered As An Award Of The Court Made Under Part III Of Land Acquisition Act: Bombay High Court
3 years, 8 months ago

Award Of Lok Adalat Cannot Be Considered As An Award Of The Court Made Under Part III Of Land Acquisition Act: Bombay High Court

Live Law  

The Bombay High Court has held that an award of the Lok Adalat, being an executable decree binding between the parties, cannot be considered as an award of the Court under Part III of the Land Acquisition Act for the purposes of sec. Furthermore, it said: "We are, thus, of the view that the award of the Lok Adalat, through …

Land Acquisition Act 1894: Title Of Land Owner Ceases Once State Takes Possession Of Land: Supreme Court
4 years, 1 month ago

Land Acquisition Act 1894: Title Of Land Owner Ceases Once State Takes Possession Of Land: Supreme Court

Live Law  

The Supreme Court reiterated that once possession is taken by the State, the land vests absolutely with the State and the title of the landowner ceases.The bench comprising Justices allowed the appeal filed by Assam Industrial Development Corporation Limited against a Gauhati High Court judgment nullifying the award passed under Land Acquisition Act, 1894. The Supreme Court reiterated that once …

Supreme Court Constitution Bench Judgments Of 2020
4 years, 3 months ago

Supreme Court Constitution Bench Judgments Of 2020

Live Law  

There were 11 Constitution Bench judgments/orders of the Supreme Court in 2020. The bench comprising Justices Arun Mishra, Indira Banerjee, Vineet Saran, MR Shah and Aniruddha Bose observed that the power of Medical Council of India Act is referable to Entry 66, List 1, which is a limited source of power to lay down standards. This Court sees no reason …

[S. 24. LA Act] CB Judgment Creates Confusion, CJI Asks For How Long Acquisition Could Sustain Where Possession Taken But Compensation Not Paid
4 years, 5 months ago

[S. 24. LA Act] CB Judgment Creates Confusion, CJI Asks For How Long Acquisition Could Sustain Where Possession Taken But Compensation Not Paid

Live Law  

Asserting that "it is our judgment" and that "with all humility, we cannot leave it like this", Chief Justice S. A. Bobde on Monday raised a question of law, *which, he remarked, is apparently unaddressed by the five-judge bench decision on section 24 of the 2013 Land Acquisition Act, delivered on March 6. "The Constitution Bench judgment creates confusion, *leaving …

Some Clarity Needed on Larger Bench Verdict, Says SC on Land Acquisition Matter
4 years, 5 months ago

Some Clarity Needed on Larger Bench Verdict, Says SC on Land Acquisition Matter

News 18  

The Supreme Court Monday said some clarity was required on a judgement delivered by its five-judge constitution bench on the issue of land acquisition and payment of fair compensation as it creates some confusion. A five-judge bench of the apex court had on March 6 this year delivered a verdict and held that disputes over land acquisition and payment of …

[Land Acquisition] "The Constitution Bench Judgment Left Some Questions Unsaid, Requires Examination": CJI SA Bobde
4 years, 5 months ago

[Land Acquisition] "The Constitution Bench Judgment Left Some Questions Unsaid, Requires Examination": CJI SA Bobde

Live Law  

The Supreme Court on Monday orally remarked that the Constitutional Bench judgment on Land Acquisition left certain questions unsaid and required examination.A bench of Chief Justice SA Bobde, Justices AS Bopanna & V. Ramasubramaniun said that there were some questions which were required to be discussed and some aspects were left. The Supreme Court on Monday orally remarked that the …

Capital Gains In Case Of Compulsory Land Acquisition Accrues On Arrival Of The Relevant Stage Of Taking Possession And Not Before: SC [Read Judgment]
4 years, 7 months ago

Capital Gains In Case Of Compulsory Land Acquisition Accrues On Arrival Of The Relevant Stage Of Taking Possession And Not Before: SC [Read Judgment]

Live Law  

The Supreme Court has observed that capital gains in a case of compulsory acquisition of land shall be deemed to have accrued: upon making of the award, in the case of ordinary acquisition referable to Section 16; and after expiration of fifteen days from the publication of the notice mentioned in Section 9, in the case of urgency. The Supreme …

'Failure To Comply With Section 5-A OF Land Acquisition Act Vitiates Acquisition proceedings': Bombay HC [Read Judgment]
4 years, 11 months ago

'Failure To Comply With Section 5-A OF Land Acquisition Act Vitiates Acquisition proceedings': Bombay HC [Read Judgment]

Live Law  

'Failure to comply with the provisions of section 5-A of the Land Acquisition Act results in vitiation of the acquisition proceedings', reinforced the Bombay High Court on Friday. "Without adverting to the objections as such the Special Land Acquisition Officer has proceeded further with the acquisition proceedings. The bench also could not accept the submission that the objections raised by …

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