Can Lapse Of Acquisition After Taking Possession Of Land Be The Legislative Intent? SC In Indore Development Authority Case
5 years, 1 month ago

Can Lapse Of Acquisition After Taking Possession Of Land Be The Legislative Intent? SC In Indore Development Authority Case

Live Law  

The Constitution Bench of the Supreme Court on Thursday continued the hearing in the Indore Development Authority case on the interpretation of Section 24 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act 2013. Again, on Thursday, it was suggested by another advocate that the indices of physical possession and compensation are individualistic and have to examined on a claimant-to-claimant basis- "'Have you been paid?' To the suggestion on the part of the respondents of a limited lapse qua the landowner who has not been paid, Justice Indira Bannerjee commented, "So Part of the bridge should be dismantled?" "If we go on the individual basis, then whether possession is not taken or compensation is not paid, there will be a lapse!

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History of this topic

Land Acquisition | After Taking Possession, Land Vests With State; Any Person Retaining Possession After That Is A Trespasser : Supreme Court
1 year, 8 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, 9 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 …

Supreme Court Annual Digest 2022- Land Laws
1 year, 11 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, 2 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, 3 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, 6 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, 6 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, 7 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, 7 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 …

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
2 years, 11 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 …

Land Acquisition | 2 Year Period For Lapse Of Proceedings Under 1894 Act Won't Apply After Notification Of 2013 Act : Supreme Court
3 years, 1 month 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, 5 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. …

[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, 3 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 …

[Land Acquisition] "The Constitution Bench Judgment Left Some Questions Unsaid, Requires Examination": CJI SA Bobde
4 years, 3 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, 4 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 …

Section 24 of 2013 Land Acquisition Act: A Series Of Misplaced Interpretations
4 years, 9 months ago

Section 24 of 2013 Land Acquisition Act: A Series Of Misplaced Interpretations

Live Law  

Introduction In IndoreDevelopment Authority v Manoharlal & Ors., delivered by a Constitution Bench of the Supreme Court on 06.03.2020, the Apex Court has sought to put to rest a controversy that arose in the interpretation of Section 24 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. We analyze Section 24 of the …

[Land Acquisition] Why SC Read 'OR' In Sec 24(2) As 'AND'/'NOR' In Indore Development Authority Case?
4 years, 10 months ago

[Land Acquisition] Why SC Read 'OR' In Sec 24(2) As 'AND'/'NOR' In Indore Development Authority Case?

Live Law  

One of the crucial issue considered by the Constitution bench in Indore Development Authority vs Manoharlal and others while interpreting Section 24 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, was whether the word "or" in Section 24 of the Act of 2013 used in between possession has not been taken or …

[Land Acquisition] Indore Development Authority Judgment Is Per incuriam: Sidharth Luthra Tells SC [Read Written Submissions]
5 years, 1 month ago

[Land Acquisition] Indore Development Authority Judgment Is Per incuriam: Sidharth Luthra Tells SC [Read Written Submissions]

Live Law  

On Thursday, Senior Advocate Siddharth Luthra raised, before the five-judge bench to which the interpretation of section 24 of the 2013 Land Acquisition Act has been entrusted, the issue of a three-judge bench in its 2018 ruling in Indore Development Authority regarding as per incuriam another three-judge decision in Pune Municipal Corporation. Another five-judge bench's opinion in the Dawoodi Bohra …

Land Acquisitions From 50 Years Ago Would Also Lapse If Treasury Deposit Not Taken As 'Paid' Under Sec 24, Observes SC
5 years, 1 month ago

Land Acquisitions From 50 Years Ago Would Also Lapse If Treasury Deposit Not Taken As 'Paid' Under Sec 24, Observes SC

Live Law  

Senior Advocate Shyam Divan on Wednesday resumed his arguments before the Five Judge Constitution Bench in the Indore Development Authority case on the interpretation of Section 24 of the new Land Acquisition Act. "When you have a legislative mandate that requires payment in the reference court, then the legislature is within its power to draw the line at 5 years, …

[Land Acquisition] Section 24 Should Be Given It's Plain And Literal Construction:Shyam Divan Tells Constitution Bench
5 years, 1 month ago

[Land Acquisition] Section 24 Should Be Given It's Plain And Literal Construction:Shyam Divan Tells Constitution Bench

Live Law  

On Tuesday, Senior Advocate Shyam Diwan, appearing for a farmers' association, propounded the legal propositions upheld by the Supreme Court between 2014 and February, 2018 which have held the field for so far. 'physical possession' of land means dominion and control over the land.on whether the period of stay/injunction is to be excluded for the purpose of computing the 5 …

[Sec 24 Land Acquisition] Proceedings Will Lapse Only When There Is No Possession 'And' No Payment; 'Or' To Be Read As 'And' : Centre Tells SC
5 years, 1 month ago

[Sec 24 Land Acquisition] Proceedings Will Lapse Only When There Is No Possession 'And' No Payment; 'Or' To Be Read As 'And' : Centre Tells SC

Live Law  

A Constitution Bench of the Supreme Court of India, comprising of Justices Arun Mishra, Indira Banerjee, Vineet Saran, M.R. "Even if payment has been made to minority and possession is not taken, it would not lapse. "Say, the award is made and the possession is taken, but for years the compensation is not paid and the acquiring body loses the …

[Section 24 New Land Acquisition Act] SC Frames Issues For Consideration, Hearing From Nov.6
5 years, 2 months ago

[Section 24 New Land Acquisition Act] SC Frames Issues For Consideration, Hearing From Nov.6

Live Law  

The Constitution Bench of the Supreme Court, comprising of Justices Arun Mishra, Vineet Saran, Indira Banerjee, M.R. Shah, and S. Ravindra Bhat, framed the issues regarding the questions of law pertaining to interpretation of Section 24 of the Right to Fair Compensation and Transparency in Land Acquisition,Rehabilitation and Resettlement Act, 2013. Post-hearing the questions framed by Solicitor General Tushar Mehta, …

Explained | What is the furore around the land law case?
5 years, 2 months ago

Explained | What is the furore around the land law case?

The Hindu  

The story so far: At one level it is a legal issue over the interpretation of a provision in the new land acquisition law of 2013. The reason is that the judge concerned, Justice Arun Mishra, of the Supreme Court of India, had overruled a precedent that had held good for four years and given a new interpretation, but was …

SC Constitution Bench Reserves Orders On Plea For Recusal Of Justice Arun Mishra From Land Acquisition Matters
5 years, 2 months ago

SC Constitution Bench Reserves Orders On Plea For Recusal Of Justice Arun Mishra From Land Acquisition Matters

Live Law  

The Constitution Bench of the Supreme Court on Wednesday reserved orders on the plea for recusal of Justice Arun Mishra from hearing the matters related to interpretation of Section 24 of the Right to Fair Compensation, Transparency in Land Acquisition and Rehabilitation and Resettlement Act 2013.The bench said that it will pronounce orders on October 23.This was after a day …

Farmers Association Takes Objection To Justice Arun Mishra Heading Constitution Bench For Land Acquisition Matters
5 years, 2 months ago

Farmers Association Takes Objection To Justice Arun Mishra Heading Constitution Bench For Land Acquisition Matters

Live Law  

The All India Farmer Association has written a letter, dated October 14, to the Chief Justice of India, Ranjan Gogoi, requesting that the newly constituted Constitution Bench, headed by Justice Arun Mishra, may not hear the matters regarding the interpretation of Section 24 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act,. The All …

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