Subsequent Purchasers Have No Locus To Challenge Already-completed Acquisition: Allahabad HC [Read Judgment]
7 years, 8 months ago

Subsequent Purchasers Have No Locus To Challenge Already-completed Acquisition: Allahabad HC [Read Judgment]

Live Law  

While dismissing pleas challenging the acquisition of farm land which was completed in the year 1950, by some persons who claimed to have purchased the land later, the Allahabad High Court has observed that purchasers, subsequent to notifications u/s 4 & 6 of the Land Acquisition Act, have no locus to challenge acquisition initiated and completed.The first bench comprising Chief. While dismissing pleas challenging the acquisition of farm land which was completed in the year 1950, by some persons who claimed to have purchased the land later, the Allahabad High Court has observed that purchasers, subsequent to notifications u/s 4 & 6 of the Land Acquisition Act, have no locus to challenge acquisition initiated and completed. The first bench comprising Chief Justice Dilip B Bhosale and Justice Yashwant Varma also allowed a public interest litigation seeking action against encroachers of the Defence land. Observing that the subsequent purchasers have no locus to make a grievance that no procedure contemplated under the provisions of the Act was complied with or the acquisition was not complete, the bench remarked: “If the courts start entertaining such submissions after 65 years of the acquisition, then the acquisition proceedings would never conclude and no acquiring body would ever succeed in enjoying the property for the purposes for which it was acquired.” The court summarised its reasons to dismiss the plea challenging 1950 acquisitions as follows: The petitioners, being purchasers subsequent to the notifications under Section 4 and declaration under Section 6 of the Act, have no locus standi to challenge the acquisition that was initiated and completed in the year 1950 itself.

Land Acquisition Locus No Locus Notifications U  challenge  1950  act  hc  acquisition  challenging  subsequent  land  court  judgment  alreadycompleted  purchasers  read  petitioners  allahabad  locus

History of this topic

Land acquired for public purposes cannot be returned to owner by beneficiary through private deal: Supreme Court
8 hours, 16 minutes 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 …

Telangana High Court Partly Stays Land Acquisition Notification For Setting Up Multipurpose Industrial Park In Vikharabad District
3 days, 18 hours ago

Telangana High Court Partly Stays Land Acquisition Notification For Setting Up Multipurpose Industrial Park In Vikharabad District

Live Law  

The Telangana High Court has suspended part of a Notification, issued to acquire land for setting up a Multiple purpose Industrial Park in Vikharabad District after certain land owners moved the court contending that the study for Determination of Social Impact and Public Purpose under the Land Acquisition Act could not be dispensed with.  "In these writ petitions, the …

Allahabad HC cautions state over use of private land sans due legal process
1 week, 2 days ago

Allahabad HC cautions state over use of private land sans due legal process

Hindustan Times  

Prayagraj, The Allahabad High Court has warned the state authorities against the use of land of private citizens without following the proper legal procedure of acquisition. Allahabad HC cautions state over use of private land sans due legal process A division bench of Justices Manoj Kumar Gupta and Anish Kumar Gupta said in case of any default while taking land …

Allahabad HC Warns Of 'Heavy Penalty' On Officers Responsible For Utilizing Citizens' Lands Without Following Due Procedure For Acquisition
1 week, 3 days ago

Allahabad HC Warns Of 'Heavy Penalty' On Officers Responsible For Utilizing Citizens' Lands Without Following Due Procedure For Acquisition

Live Law  

The Allahabad High Court has cautioned the State Authorities against using land of private citizens without acquiring the same through proper procedure prescribed in law, stating that in case of any default heavy penalty will be imposed on the officers responsible for the same. Though in the case before it the Court refrained from imposing cost, the bench of Justice …

HC stays Telangana’s notification to acquire land at Lagacharla, Hakimpet villages for multi-purpose industrial park
2 weeks ago

HC stays Telangana’s notification to acquire land at Lagacharla, Hakimpet villages for multi-purpose industrial park

The Hindu  

The Telangana High Court, on Thursday, stayed the State government’s notification for acquiring nearly 450 acres of land at Lagacharla and Hakimpet villages in Vikarabad district to set up a multi-purpose industrial park. Justice J. Sreenivas Rao of the HC, who heard two separately filed writ petitions challenging the notification, issued notices to top officials of different departments, including Principal …

Private Property Not Transferred To Company By Owner Cannot Be Auctioned In Recovery Proceedings: Allahabad High Court
2 weeks, 6 days ago

Private Property Not Transferred To Company By Owner Cannot Be Auctioned In Recovery Proceedings: Allahabad High Court

Live Law  

The Allahabad High Court has recently held that when there is no transfer of property between a private individual and his company, the property cannot be considered a property of the company for the purpose of recovering debts. Further, the Court held that merely because the property finds mention in the balance sheet will not make it a company property …

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

Land Acquisition Act | Right To Receive Compensation Crystalizes Only After Claims Over Dispute On Apportionment Is Decided: Telangana HC
3 weeks, 1 day ago

Land Acquisition Act | Right To Receive Compensation Crystalizes Only After Claims Over Dispute On Apportionment Is Decided: Telangana HC

Live Law  

The Telangana High Court has s that the entitlement to receive compensation under the Land Acquisition Act would crystallize only after the competent court–to whom a reference is made over a dispute as to the apportionment of compensation–decides the rival claims and rules in the claimant's favour. The high court referred to the court's decision in a 2024 writ petition …

Telangana HC orders action over land grab bid
3 weeks, 4 days ago

Telangana HC orders action over land grab bid

Deccan Chronicle  

Hyderabad: A two-judge panel of the Telangana High Court took on file a writ appeal qua alleged encroachment of government land at Indranagar in Gachibowli. The single judge considering the arguments said that authorities were required to firstly protect the government land from being encroached; secondly, by ensuring that no unauthorised and illegal construction comes up therein and thirdly, when …

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

Adverse Possession Cannot Be Claimed When Land Is Acquired Through Agreement Of Sale: Allahabad High Court
3 months, 2 weeks ago

Adverse Possession Cannot Be Claimed When Land Is Acquired Through Agreement Of Sale: Allahabad High Court

Live Law  

While deciding a case under the U.P. Abolition of Zamindari and Land Reforms Act, 1950, the Allahabad High Court has held that where possession of land was acquired by an agreement of sale, adverse possession cannot not be availed to claim ownership of the property. The Court considered Sections 209 and 210 of the Uttar Pradesh Zamindari and Land Reforms …

Legal Briefs | Telangana HC not to go into preliminary notification on land acquisition
3 months, 3 weeks ago

Legal Briefs | Telangana HC not to go into preliminary notification on land acquisition

Deccan Chronicle  

HYDERABAD: A two-judge panel of the Telangana High Court refused to interfere with a preliminary notification issued with regard to land acquisition at Dappur Waddi and Malgi villages in Sangareddy district for the proposed ‘pharma village’. Safeguard Sri Ranganayaka Swamy temple, HC tells endowments chief Justice N.V. Shravan Kumar of the Telangana High Court directed the commissioner of endowments department …

Legal Briefs | Govt officers in Telangana face contempt heat in land acquisition case
3 months, 3 weeks 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 …

UP Revenue Code | Suit Filed U/S 144 Based On Oral Sale Deed Must Disclose Findings Of Proceedings U/S 38 (1), If Any: Allahabad HC
4 months, 1 week ago

UP Revenue Code | Suit Filed U/S 144 Based On Oral Sale Deed Must Disclose Findings Of Proceedings U/S 38 (1), If Any: Allahabad HC

Live Law  

The Allahabad High Court has observed that a suit filed under Section 144 of the UP-Revenue Code 2006 on the basis of an oral sale deed and alleged possession must include findings of the proceedings under Section 38 of the code regarding the sale deed. However, the petitioner, while concealing the details of earlier proceedings under Section 38, filed a …

Acquisition Proceedings Initiated Under UP Awas Vikas Adhiniyam 1965, Cannot Be Held To Have Lapsed Under Land Acquisition Act, 2013: High Court
6 months, 1 week 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, 1 week 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 …

TS Defends Taking Back 850 Acres from IMG Bharata
1 year ago

TS Defends Taking Back 850 Acres from IMG Bharata

Deccan Chronicle  

HYDERABAD: The state government on Thusday defended annulling of the 850 acres of land in Gachibowli to Billy Rao’s IMG Bharata Pvt Ltd way back in 2006. Advocate-General A. Sudarshan Reddy submitted the contentions of the state government in the petition filed by IMG Bharata, which has challenged the government’s decision to take back the land. Sudarshan Reddy said that …

Land Acquisition | Lived Like Nomads, Couldn't Contact Advocate: Karnataka HC Asks Reference Court To Reconsider Villagers' Plea For Enhanced Award
1 year, 1 month 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 …

Sale Deed For Land Can't Be Executed By Person Whose Name In Mutation Entry Is Stayed: Allahabad High Court
1 year, 3 months ago

Sale Deed For Land Can't Be Executed By Person Whose Name In Mutation Entry Is Stayed: Allahabad High Court

Live Law  

The Allahabad High Court has held that a person whose name mutation as the tenure holder of a land has been stayed, cannot execute a sale deed for the said land. A civil appeal against the order of the Trial Court was allowed because the petitioner had executed a sale deed while the mutation of record in her favour had …

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, 4 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 …

[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, …

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 …

[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 …

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, …

Yet another land acquisition bid by Telangana govt suffers HC jolt
2 years, 6 months ago

Yet another land acquisition bid by Telangana govt suffers HC jolt

Deccan Chronicle  

HYDERABAD: The Telangana High Court on Friday stayed the government’s land acquisition proceedings pertaining to around 102 acres in Mutrajpally village in the limits of Gajwel-Pragnapur municipality. The government had contended that the land acquisition was for building a residential colony for displaced families as part of the rehabilitation and resettlement package for Mallannasagar, which is part of the Kaleshwaram …

Subsequent Purchaser After Issuance Of Notification Under Land Acquisition Act Can't Challenge Acquisition Proceedings: Madras High Court
2 years, 8 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, 9 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 …

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 …

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 …

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
2 years, 11 months 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 …

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 …

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, 3 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 …

Kerala High Court Stays Govt Order Sanctioning Land Acquisition By State Exempting Land Value From Compensation
3 years, 7 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 …

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. …

Explain The Criteria To Acquire Land For Proposed Ayodhya International Airport: Allahabad High Court Seeks District Admin. Response
3 years, 8 months ago

Explain The Criteria To Acquire Land For Proposed Ayodhya International Airport: Allahabad High Court Seeks District Admin. Response

Live Law  

The Allahabad High Court has sought the response of the Ayodhya District Administration as to what is guideline or criteria laid down for the purchasing of land for the proposed Ayodhya International Airport. The Bench of Justice Rajan Roy and Justice Saurabh Lavania was hearing the plea of the petitioners Panchram Prajapati and others who alleged that their land was …

Potentiality Of Acquired Land Has To Be Taken Into Consideration To Determine Market Value: Supreme Court
3 years, 11 months ago

Potentiality Of Acquired Land Has To Be Taken Into Consideration To Determine Market Value: Supreme Court

Live Law  

The Supreme Court observed that potentiality of the acquired land is one of the primary factors to be taken into consideration to determine the market value of the land.The question whether a land has potential value or not primarily depends upon its condition, situation, use to which it is put or its reasonable capability of being put and also its …

Allahabad High Court Dismisses Plea By Two Sisters Claiming Ownership of Land Offered for Ayodhya Mosque
4 years, 1 month ago

Allahabad High Court Dismisses Plea By Two Sisters Claiming Ownership of Land Offered for Ayodhya Mosque

Live Law  

The Allahabad High Court on Monday dismissed a petition filed against the allotment of land in Ayodhya's Dhannipur village for the construction of a mosque, following the Supreme Court verdict in the Ram Janmabhoomi-Babri Masjid dispute.Two Delhi-based sisters had moved the Lucknow bench of the Allahabad High Court on February 3, claiming ownership of the five-acre land allotted to 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, 6 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 …

Land Acquisition Proceedings Cannot Be Held Null And Void Only Because Notice Was Not Issued: Bombay HC [Read Judgment]
5 years, 1 month ago

Land Acquisition Proceedings Cannot Be Held Null And Void Only Because Notice Was Not Issued: Bombay HC [Read Judgment]

Live Law  

The Bombay High Court last Monday ruled that proceedings under the land acquisition act cannot be held to be null and void simply because notice was not issued to the new purchaser of the property in question, whose name was not reflected in the revenue records. Justice Jadhav examined and answered two substantive questions of law, which are the following- …

Section 24 RFCTLARR Act- Subsequent Purchasers Cannot Seek Declaration That Land Acquisition Proceedings Have Lapsed: SC [Read Judgment]
5 years, 5 months ago

Section 24 RFCTLARR Act- Subsequent Purchasers Cannot Seek Declaration That Land Acquisition Proceedings Have Lapsed: SC [Read Judgment]

Live Law  

The Supreme Court, on Monday, held that a subsequent purchaser of the property after issuance of notification under section 4 of the Land Acquisition Act, 1894 cannot invoke the provisions contained in section 24 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.The three judge bench headed by Justice Arun Mishra, observed that. …

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

Despite new land acquisition Act, farmers remain vulnerable to poor compensation as many states dilute law for several sectors
5 years, 6 months ago

Despite new land acquisition Act, farmers remain vulnerable to poor compensation as many states dilute law for several sectors

Firstpost  

The government has had an uninterrupted reign with land acquisitions for many decades, and only recently has their unbridled existence been challenged. “Even if farmers themselves want to buy more land, the land ceiling laws stop them.” It’s not surprising that no such restrictions apply to governments when they want to acquire land for contentious public purposes—broadly interpreted as projects …

27 Villagers Challenge WB Govt’s Eviction Move 67 Yrs After Land Acquisition Proceedings, SC Issues Notice [Read Petition]
6 years, 3 months ago

27 Villagers Challenge WB Govt’s Eviction Move 67 Yrs After Land Acquisition Proceedings, SC Issues Notice [Read Petition]

Live Law  

Can the State evict owners of the land in pursuance of land acquisition proceedings initiated 67 years ago when the actual physical possession of the land was not taken over or would the purported acquisition proceeding be treated as lapsed in view of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013?This and several …

Nanded Farmers Seek Compensation For Land Acquired For Highway Uplift, Bombay HC Issues Notices
6 years, 3 months ago

Nanded Farmers Seek Compensation For Land Acquired For Highway Uplift, Bombay HC Issues Notices

Live Law  

The Bombay High Court has issued notice to the Centre and the Maharashtra government on plea of 12 farmers from Nanded district seeking compensation in lieu of their land acquired for facelift of a stretch of NH50.The Aurangabad bench of Justice SS Shinde and Justice KK Sonawane issued notices to the governments and also the National Highways Authority of India …

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