Constitutional Right To 'Property' Must Be Understood In Context Of State's 'Eminent Domain': Calcutta High Court
3 weeks, 3 days ago

Constitutional Right To 'Property' Must Be Understood In Context Of State's 'Eminent Domain': Calcutta High Court

Live Law  

The Calcutta High Court has held that the right of eminent domain exercised by a state for the larger public interest would prevail over the constitutional right to property of private landowners under Article 300A of the Constitution.While allowing the authorities to acquire the petitioner's premises for metro railway construction, Justice Aniruddha Roy held:The right guaranteed under. The Calcutta High Court has held that the right of eminent domain exercised by a state for the larger public interest would prevail over the constitutional right to property of private landowners under Article 300A of the Constitution. While allowing the authorities to acquire the petitioner's premises for metro railway construction, Justice Aniruddha Roy held: The right guaranteed under Article 300A of the Constitution shall have to be read by including the provisions laid down under Article 31A of the Constitution of India and not in exclusion thereof. Since, only on the basis of the negotiation held with the Ministry of External Affairs, land from the said property will be made over to them in exchange for utilized land, the Consul General had agreed to only allow the Metro Railway to utilize their portion of land to maintain the track alignment of the metro railway, there was no other option or alternative left open to the Central Government and metro railway but to accept the said negotiation.

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Supreme Court to Decide on Ambit of Article 39(b) and Redistribution of Private Property
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2 months ago

Supreme Court to Decide on Ambit of Article 39(b) and Redistribution of Private Property

Firstpost  

The Supreme Court of India is scheduled to pronounce its verdict today on a case related to the ambit of Article 39(b) of the Constitution. It pertains to private properties and the State’s power on its takeover and redistribution to subserve ‘common good’. The court will also deal with the legal sanctity of Article 31C of the Constitution in the …

Release Land Allotted For New Bombay HC Building So That Construction Can Start Soon : Supreme Court To Maharashtra Govt
7 months, 3 weeks 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, …

Right To Property | 7 Sub-Rights Which State Must Protect During Land Acquisition : Supreme Court Explains
7 months, 3 weeks ago

Right To Property | 7 Sub-Rights Which State Must Protect During Land Acquisition : Supreme Court Explains

Live Law  

In a pivotal judgment, the Supreme Court, while setting aside acquisition of land acquired by the Kolkata Municipal Corporation Act, 1980, highlighted seven sub rights of Article 300A of the Indian Constitution. These sub-rights, as traced in the judgment, are: The Right To Notice: duty of the State to inform the person that it intends to acquire his property The …

Kerala High Court Stays For 2 Months Cheruvally Estate Acquisition For Sabarimala Greenfield Airport
8 months, 2 weeks ago

Kerala High Court Stays For 2 Months Cheruvally Estate Acquisition For Sabarimala Greenfield Airport

Live Law  

The Kerala High Court has ordered status quo for two months on acquisition of the Cheruvally Estate in Kottayam for construction and development of the Sabarimala Greenfield Airport. Justice Viju Abraham passed the interim order in a petition filed by the estate's owner Ayana Charitable Trust and its managing trustee, opposing the government notification under Section 11 of the Right …

Calcutta High Court Dismisses 'Contradictory' Plea Seeking Both Compensation & Possession Of Land Acquired By Govt 52 Yrs Ago
1 year, 4 months ago

Calcutta High Court Dismisses 'Contradictory' Plea Seeking Both Compensation & Possession Of Land Acquired By Govt 52 Yrs Ago

Live Law  

The Calcutta High Court has dismissed as being 'patently illegal', a plea filed under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 seeking compensation for and restoration of possession of a land acquired 52 years ago. The petitioner can’t ask compensation under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation …

Land for new high court to be processed soon: Bombay High Court told
1 year, 6 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, 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 …

Bombay High Court Expresses Strong Displeasure On Forest Authorities And Revenue Department In Private Forest Land Matter Inspite Of Supreme Court Orders
2 years, 5 months ago

Bombay High Court Expresses Strong Displeasure On Forest Authorities And Revenue Department In Private Forest Land Matter Inspite Of Supreme Court Orders

Live Law  

In a striking Judgement, the Bombay High Court expressed its strong displeasure on harassment by the revenue and forest authorities, Government of Maharashtr over the Private Forest matter of Shabbir Morbiwala & Rehana Morbiwala, inspite of the Supreme Court Orders. Adv Chirag Desai, Solicis Lex said that ''the Petitioners being aggrieved by the notice, filed an intervention application before the …

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 …

"No Public Right Is Superior To Defence Of The Country": Uttarakhand HC Dismisses Challenge To Land Acquisition For ITBP Near LAC
2 years, 9 months 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 …

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