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. 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. "Keeping in mind the intent and purport of the State amendment to the principal Act of 2013, the exposition of the Constitution Bench in reference to the issue of lapsing under Section 24 of the principal Act of 2013, will not affect the regime specified under Section 101A of the 2013 Act, enabling the State Government to denotify the land acquired under the 1894 Act for stated reasons in public interest. Thus, the provision empowers the State to denotify the lands acquired under the 1894 Act", the bench observed while setting aside the High court Land owners may approach the State Government in reference to Section 101A of the 2013 Act, which representation can be considered by the State Government on its own merits; keeping in mind the constricted power given to the State Government to denotify the acquired land if it becomes unviable or non-essential, in public interest and to do so on such terms as may be considered expedient, the bench observed.

Supreme Court Development Court Public Interest Haryana Land Power State Owners Act Bench Lands No Reason Sanjiv Khanna Acquired Khanwilkar Indore Development Authority Section 101A Stated Reasons 101A Denotify Such Terms  101a  power  doesnt  supreme  land  development  rfctlarr  denotify  lands  haryana  court  judgment  act  indore  state  govts  owners  acquired  bench

History of this topic

Land acquired for public purposes cannot be returned to owner by beneficiary through private deal: Supreme Court
1 day, 13 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 …

Ambala ring road project dispute: SC seeks army, NHAI officials’ presence
2 weeks, 2 days ago

Ambala ring road project dispute: SC seeks army, NHAI officials’ presence

Hindustan Times  

The Supreme Court on Tuesday sought the presence of senior Army officials of Western Command and NHAI project director in a dispute over land acquisition for the Ambala ring road project in Haryana. The top court was hearing a plea of one Vinod Kumar Sharma who challenged the August 2023 order of the Punjab and Haryana high court dismissing a …

HC declines to stay single judge order letting Kerala govt. acquire land from estates for landslide survivors
3 weeks ago

HC declines to stay single judge order letting Kerala govt. acquire land from estates for landslide survivors

The Hindu  

A Division Bench of the High Court on Thursday declined to stay a single judge’s verdict allowing the State government to take over land from the estates of Harrisons Malayalam Ltd. and Elstone Tea Estates Ltd. for establishing new townships for landslide survivors in Wayanad. The Bench comprising Chief Justice Nitin Jamdar and Justice S. Manu also adjourned to March …

UP-Haryana Land Dispute | P&H HC Directs Surveyor General Of India To Study Changing Pattern Of Yamuna & Impact On Both States
1 month ago

UP-Haryana Land Dispute | P&H HC Directs Surveyor General Of India To Study Changing Pattern Of Yamuna & Impact On Both States

Live Law  

The Punjab & Haryana High Court directed the Surveyor General of India to examine the changing patterns of Yamuna with the help of revenue agency of Haryana and Uttar Pradesh in order to study its impact on territories of both the states to resolve land dispute.The Court also directed to erect a bounday pillars between the state after updating the …

Manesar Land scam: Stay orders cease to operate after January 27: HC
2 months, 1 week ago

Manesar Land scam: Stay orders cease to operate after January 27: HC

Hindustan Times  

Following a request from the Central Bureau of Investigation, the Punjab and Haryana high court is to expedite the hearing on petitions related to the Manesar land scam in Haryana involving former chief minister Bhupinder Singh Hooda, pending since four years. The HC bench of justice Manjari Nehru Kaul while fixing January 27 as the next date for hearing of …

Karnataka High Court Upholds BDA's Land Acquisition Notifications For Construction Of Peripheral Ring Road Between Hosur And Tumakur
Trending News
2 months, 2 weeks ago

Karnataka High Court Upholds BDA's Land Acquisition Notifications For Construction Of Peripheral Ring Road Between Hosur And Tumakur

Live Law  

The Karnataka High Court has upheld the notifications issued by the Bangalore Development Authority to acquire land for construction of Peripheral Ring Road-II, between Hosur-Mysore Road and Tumakur Road. It said, “I am of the view that, as the respondent-BDA has laid road in Peripheral Ring Road for more than 80% of the project and as such, taking into consideration …

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

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

Live Law  

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

Haryana RERA - No Additional Compensation To Homebuyer When Interest For Delayed Possession Already Granted
Trending News
3 months, 1 week ago

Haryana RERA - No Additional Compensation To Homebuyer When Interest For Delayed Possession Already Granted

Live Law  

Haryana Real Estate Regulatory Authority Bench comprising Rajender Kumar dismissed the homebuyer's complaint against M/s. Authority held that no additional compensation can be granted to the homebuyer when delay possession compensation has already been granted along with interest under Section 18 of the RERA, 2016. Through its order dated December 11, 2018, the authority directed the builder to pay interest …

Haryana RERA Directs Anant Raj Builders To Pay Interest, Execute Conveyance Deed In Favor Of Homebuyer
3 months, 2 weeks ago

Haryana RERA Directs Anant Raj Builders To Pay Interest, Execute Conveyance Deed In Favor Of Homebuyer

Live Law  

Haryana Real Estate Regulatory Authority bench comprising of Ashok Sangwan has directed M/s. Anant Raj Ltd to pay interest for delay and execute conveyance deed in the favour of Homebuyer. Aggrieved by the delay the homebuyer filed a complaint before the authority seeking possession, interest for the delay, a refund of the PLC charges and execution of the conveyance deed …

Haryana RERA Orders Ansal Housing To Pay Interest For Delay And Provide Possession Offer To Homebuyer Within Two Months
3 months, 3 weeks ago

Haryana RERA Orders Ansal Housing To Pay Interest For Delay And Provide Possession Offer To Homebuyer Within Two Months

Live Law  

Haryana Real Estate Regulatory Authority bench, comprising Ashok Sangwan has directed M/s Ansal Housing and Constructions Limited to pay interest and provide offer of possession to homebuyer within 2 months. Observation and Direction by Authority The authority referred clause 30 of the flat's buyer agreement which stipulated that builder is liable to offer the possession of the flat within the …

"Classic Case Of NCR Region Fuelling Unnecessary Litigation": Punjab & Haryana HC Slaps Rs 1 Lakh Cost On Repeated Pleas Over Gurugram Land
3 months, 3 weeks ago

"Classic Case Of NCR Region Fuelling Unnecessary Litigation": Punjab & Haryana HC Slaps Rs 1 Lakh Cost On Repeated Pleas Over Gurugram Land

Live Law  

The Punjab and Haryana High Court has imposed an exemplary cost of Rs.1 lakh on a litigant who repeatedly approached the court challenging a land acquired for development of Gurugram's sector 57.Despite the fact that the High Court had granted liberty to the Petitioner to approach the appropriate authority in first round of litigation, the petitioner filed SLP for second …

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 …

Haryana RERA Directs Pareena Infrastructures To Pay Interest, Execute Conveyance Deed In Favour Of Homebuyer
4 months ago

Haryana RERA Directs Pareena Infrastructures To Pay Interest, Execute Conveyance Deed In Favour Of Homebuyer

Live Law  

Haryana Real Estate Regulatory Authority bench, comprising Arun Kumar has directed Pareena Infrastructures Pvt. Aggrieved, the homebuyer filed a complaint before the authority seeking possession, delayed interest and execution of the conveyance deed. As a result authority held that the homebuyer is entitled to receive interest from the builder for every month of delay from the due date of possession …

Haryana RERA Directs Parsvnath Developers To Pay Delay Interest And Execute Conveyance Deed In Favour Of Homebuyer
6 months ago

Haryana RERA Directs Parsvnath Developers To Pay Delay Interest And Execute Conveyance Deed In Favour Of Homebuyer

Live Law  

Haryana Real Estate Regulatory Authority bench, comprising Ashok Sangwan, has directed Parsvnath Developers Limited, the builder, to pay delay interest and execute the conveyance deed in the favour of homebuyer. Background Facts The original allottee booked a flat in the builder's project named Parsvnath Exotica, located in Sector 54, Gurugram, and made payments totaling Rs. On July 13, 2005, a …

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 …

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

Right To Relief Lost: Karnataka High Court Dismisses Plea Filed After 44 Yrs Challenging Land Acquisition Proceedings From 1978

Live Law  

Observing that “Forty four years is too long a time to maintain legal action. With passage of such protracted time, the right to relief is lost,” the Karnataka High Court dismissed an appeal filed by an appellant questioning the land acquisition proceedings initiated and completed in the year 1978. A division bench of Chief Justice N V Anjaria and Justice …

Haryana RERA Directs Ambience Projects To Hand Over Possession To Homebuyers, Pay Interest For Delay
8 months, 2 weeks ago

Haryana RERA Directs Ambience Projects To Hand Over Possession To Homebuyers, Pay Interest For Delay

Live Law  

Haryana Real Estate Regulatory Authority bench, comprising Sanjeev Kumar Arora, has directed Ambience Projects, the builder, to hand over possession of the flat to the homebuyer and pay interest for the delay in handing over the possession. According to Clause 11 of the agreement, the builder had to finish construction and hand over the flat within 60 months, making the …

School Built On Land Acquired For 'Mandi' Serves Public Purpose: P&H HC Declines Former Owner's Plea To Release Acquired Land, Imposes 25K Cost
8 months, 2 weeks ago

School Built On Land Acquired For 'Mandi' Serves Public Purpose: P&H HC Declines Former Owner's Plea To Release Acquired Land, Imposes 25K Cost

Live Law  

The Punjab & Haryana High Court has refused to allow a plea seeking the release of the land acquired by the State Government for the development of a 'Mandi' which was later used for building a school, observing that the public purpose is served.A division bench of Justice Sureshwar Thakur and Justice Lalit Batra said, "The reason is but trite, …

Supreme Court Approves HC Order Quashing Haryana Govt Decision To Grant Extra Marks To Certain Domiciles In Recruitment Tests
8 months, 3 weeks ago

Supreme Court Approves HC Order Quashing Haryana Govt Decision To Grant Extra Marks To Certain Domiciles In Recruitment Tests

Live Law  

The Supreme Court on Monday dismissed a petition filed by the Haryana Staff Selection Commission against a judgment of the Punjab and Haryana High Court setting aside a 2022 Notification that granted 5% additional marks to domiciles of Haryana in recruitment to certain posts based on "socio-economic" criteria. The vacation bench of Justices AS Oka and Rajesh Bindal was hearing …

[Land Acquisition] Plea For Enhancement Of Compensation After 50-Yrs Stained By 'Gross Delay': Punjab & Haryana High Court Imposes ₹25k Cost
8 months, 3 weeks ago

[Land Acquisition] Plea For Enhancement Of Compensation After 50-Yrs Stained By 'Gross Delay': Punjab & Haryana High Court Imposes ₹25k Cost

Live Law  

The Punjab & Haryana High Court has imposed a cost of Rs. 25,000 on petitioners for filing plea for enhancement of compensation granted in 1975 for land acquired for public purpose, observing that the plea is "stained with a vice of gross delay and latches".While noting that there is no merit in the petition, a devision bench of Justice Sureshwar …

Law Enacted For Agrarian Reforms Not Violative Of Right To Property Under Article 300-A Of Constitution: Punjab & Haryana High Court
11 months, 2 weeks ago

Law Enacted For Agrarian Reforms Not Violative Of Right To Property Under Article 300-A Of Constitution: Punjab & Haryana High Court

Live Law  

The Punjab & Haryana High Court has upheld the constitutional validity of Haryana's land reform law, the "Haryana Dholidar, Butimar, Bhondedar and Muqararidar ", observing that it "recognised the rights of tillers of the land. The Punjab & Haryana High Court has upheld the constitutional validity of Haryana's land reform law, the "Haryana Dholidar, Butimar, Bhondedar and Muqararidar ", observing …

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 …

HC Hearing: IMG Bharata Argues Against Withdrawal of 850 Acre Land
1 year, 1 month 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 …

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 …

[Eminent Domain] State Can Acquire Land In Militarized Zone But Can't Compromise National Security: Punjab & Haryana HC
1 year, 4 months ago

[Eminent Domain] State Can Acquire Land In Militarized Zone But Can't Compromise National Security: Punjab & Haryana HC

Live Law  

The Punjab & Haryana High Court has refused to interfere in the land acquisition done by the State authorities directing that if it falls within the milititarized zone then it should be kept free from construction and "develop as an open green area", "without compromising the national security. The Punjab & Haryana High Court has refused to interfere in the …

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 Reserves Verdict in Land Encroachment Cases
1 year, 7 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 …

Supreme Court Quarterly Digest On Land Laws [January to March 2023]
1 year, 9 months ago

Supreme Court Quarterly Digest On Land Laws [January to March 2023]

Live Law  

Land Laws Coal Bearing Areas Act, 1957; Section 2, 11 - The State Government being the original owner can be said to be deemed lessor - The State Government can be said to be the ‘person interested’ in getting the compensation. Manubhai Sendhabhai Bharwad v. Oil and Natural Gas Corporation Ltd; 2023 LiveLaw 55 : AIR 2023 SC 992 Delhi …

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 …

Redistributed Shamlat Land Cannot Be Automatically Presumed To Be Vested In Gram Panchayats/ Municipalities: Punjab & Haryana High Court
1 year, 11 months ago

Redistributed Shamlat Land Cannot Be Automatically Presumed To Be Vested In Gram Panchayats/ Municipalities: Punjab & Haryana High Court

Live Law  

The Punjab and Haryana High Court recently held that the partitioned or redistributed Shamlat Deh lands which were proposed or shown to be reserved for common purposes under the Consolidation Scheme of East Punjab Holdings Act, 1948 and were held to have never come under the management and control of the Gram Panchayats/ Municipalities, do not automatically vest in the …

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

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

Live Law  

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

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

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

Live Law  

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

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

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

Deccan Chronicle  

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

Supreme Court Annual Digest 2022- Land Laws
2 years, 1 month 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 …

Centre & State Battling In Court Doesn't Reflect Well: Punjab & Haryana HC Constitutes High Power Committee To Resolve Power Department Dispute
2 years, 3 months ago

Centre & State Battling In Court Doesn't Reflect Well: Punjab & Haryana HC Constitutes High Power Committee To Resolve Power Department Dispute

Live Law  

In a recent dispute where a Central Government entity moved Punjab and Haryana High Court against Haryana Government through a writ, the High Court expressed its worries on the matter not reflecting well on the federal arrangement and ordered for constitution of a High Powered Committee to deal with their disputes. Monetary Compensation was paid to the oustees, however, the …

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 …

SC ruling: ‘Thousands of acres of illegally sold land to be restored to Haryana panchayats’
2 years, 8 months ago

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

Hindustan Times  

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

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

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

Live Law  

The Madras High Court recently observed that a person who purchases a piece of land after the issuance of notification for its acquisition by the government under Section 4 of the Land Acquisition Act 1894, has no right to challenge the acquisition proceedings. The bench of Chief Justice Munishwar Nath Bhandari and Justice N Mala dismissed the appeals filed by …

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

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

Live Law  

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

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

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

Firstpost  

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

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

Order 7 Rule 11 CPC | Power Of Rejection Of Plaint Mandatory, Can Be Exercised At Any Stage Before Conclusion Of Trial: Punjab & Haryana High Court
2 years, 10 months ago

Order 7 Rule 11 CPC | Power Of Rejection Of Plaint Mandatory, Can Be Exercised At Any Stage Before Conclusion Of Trial: Punjab & Haryana High Court

Live Law  

The Punjab and Haryana High Court has held that powers of the Court conferred under Order 7 Rule 11 of CPC are mandatory in nature and can be exercised at any stage of the suit, but before the conclusion of the trial.The observation was made while dealing with two revision petitions filed under Article 227 of the Constitution, challenging an …

SC ruling on village common land: Haryana sets timelines for restoration of illegally-sold panchayat land
2 years, 11 months ago

SC ruling on village common land: Haryana sets timelines for restoration of illegally-sold panchayat land

Hindustan Times  

Following the recent Supreme Court orders that village common land can neither be repartitioned among the proprietors nor sold, the Haryana government has started the process of restoring illegally-sold land chunks back to the gram panchayats. As per the decision taken by the state government, mutations will be entered by the halqa patwari of land recorded as ‘shamilat deh’ in …

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 …

Village common land cannot be sold: Supreme Court
2 years, 11 months ago

Village common land cannot be sold: Supreme Court

Hindustan Times  

: Thousands of acres of village common land in Haryana sold off by shareholders or gram panchayat for monetary gains would get freed with the owners being ousted following a Supreme Court ruling on Thursday. Village common land cannot be sold: Supreme Court A bench of Justices Hemant Gupta and V Ramasubramanian held that the entire land reserved for common …

"No Public Right Is Superior To Defence Of The Country": Uttarakhand HC Dismisses Challenge To Land Acquisition For ITBP Near LAC
3 years ago

"No Public Right Is Superior To Defence Of The Country": Uttarakhand HC Dismisses Challenge To Land Acquisition For ITBP Near LAC

Live Law  

The Uttarakhand High Court has recently dismissed a writ petition filed, challenging a notification issued under Section 11 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, which proposed to acquire certain land near the "Line of Actual Control" for meeting the purposes of the Indo-Tibetan Border Police. While affirming the defence'd needs …

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 …

Discover Related