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 Court and the directions in the order dated 29.01.2018 had only been in respect of the amount which was deposited in the High Court before passing of the order by the Supreme Court. On the other hand, the present appellants asserted before the High Court that in terms of the order dated January 29, 2018 passed by Supreme Court, the 2016 order of the High Court stood modified because Top Court had directed release of 50% of the amount of compensation with security and remaining 50% without security. After considering the facts on records, the Bench observed that a close look at the order dated January 29, 2018 would make it difficult to accept the MTDC's submissions as well as the High Court's order that the Supreme Court's order related only to the deposited amount of compensation and not to the entire enhanced amount of compensation. The Supreme Court's earlier order, according to the Bench, had been explicit that the order of the High Court staying the payment of enhanced compensation stood modified to the effect that 50% of the enhanced amount of compensation was to be released without security and the balance 50% on furnishing security.

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History of this topic

Supreme Court Slams Maharashtra Officials For Non-Payment Of Land Acquisition Compensation, Directs Recovery Of Cost From Guilty Officers
2 days, 18 hours ago

Supreme Court Slams Maharashtra Officials For Non-Payment Of Land Acquisition Compensation, Directs Recovery Of Cost From Guilty Officers

Live Law  

The Supreme Court today slammed Maharashtra authorities over non-payment of timely compensation to persons whose lands were compulsory acquired by the state way back in 2005. A bench of Justices Surya Kant and N Kotiswar Singh was dealing with the petitioner's plea against a High Court order, whereby the Zilla Parishad was directed to pay compensation to respondent-claimants against compulsory …

Land Acquisition Compensation - In Exceptional Cases, Courts Can Direct Market Value Be Determined Based On A Date After Prelim Notification : Supreme Court
6 days, 16 hours ago

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

Live Law  

The Supreme Court today observed that although the land acquisition compensation is to be determined at the market rate prevailing on the date of issuance of the notification regarding the acquisition of land, the compensation can be determined based on a later date in exceptional circumstances when the delay in the disbursal of the compensation has been inordinate.The bench of. …

'Land A Precious Resource, State Must Be Transparent In Distribution': Supreme Court Quashes Maharashtra Govt's Land Allotment To Pvt Doctors
3 weeks, 6 days ago

'Land A Precious Resource, State Must Be Transparent In Distribution': Supreme Court Quashes Maharashtra Govt's Land Allotment To Pvt Doctors

Live Law  

Citing arbitrariness in the allotment process, the Supreme Court set aside the allotment of land made by the Maharashtra Government in favor of the Medinova Regal Co-operative Housing Society to provide housing facilities to the doctors working at Tata Memorial Hospital. The bench comprising Justices Sudhanshu Dhulia and Ahsanuddin Amanullah heard the appeal filed by a Proposed Vaibhav Cooperative Housing …

If Award For Land Acquisition Is Passed After Amendment To Section 25, Court Can Grant Higher Compensation: Bombay High Court
4 weeks ago

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

Live Law  

While considering land acquisition references, the Bombay High Court has observed that if an award is passed under the Land Acquisition Act, 1894 after amendment to Section 25, the court is empowered to grant compensation at a higher amount than that awarded by the Collector as per the amended provision. It thus argued that the court could not grant compensation …

Legal Briefs | Govt officers in Telangana face contempt heat in land acquisition case
1 month, 2 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 …

Will Stop Schemes Like 'Ladli Behna' : Supreme Court Warns Maharashtra Govt Over Not Paying Land Acquisition Compensation
4 months, 3 weeks ago

Will Stop Schemes Like 'Ladli Behna' : Supreme Court Warns Maharashtra Govt Over Not Paying Land Acquisition Compensation

Live Law  

The Supreme Court today sharply rebuked the State of Maharashtra for not coming up with a reasonable amount for compensation in a case wherein the State illegally occupied a person's property nearly six decades ago and allotted a notified forest land instead. The Court gave a stern warning that if the State does not give reasonable compensation to the person …

Supreme Court Dismisses Himachal Pradesh Govt's Appeal Against HC Decision Quashing Illegal Land Acquisition
4 months, 3 weeks 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 …

No Land Acquisition Compensation Determined For 42 Years : Supreme Court Expresses Disappointment With HC For Not Questioning State
7 months, 3 weeks ago

No Land Acquisition Compensation Determined For 42 Years : Supreme Court Expresses Disappointment With HC For Not Questioning State

Live Law  

The Supreme Court, while deciding a civil appeal, has expressed its disappointment at the Patna High Court's approach, inter alia, for not questioning the State as to why it did not pay compensation to the appellant for forty-two years after acquiring his land. There are many issues arising in this litigation and the High Court should have taken little pains …

Land Acquisition | Lived Like Nomads, Couldn't Contact Advocate: Karnataka HC Asks Reference Court To Reconsider Villagers' Plea For Enhanced Award
10 months, 2 weeks 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 …

State Can't Evade Responsibility: Bombay HC Orders Compensation To Family Who Moved Court 37 Yrs After Its Land Was Used For Electricity Substation
11 months, 4 weeks ago

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

Live Law  

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

Rajasthan Urban Improvement Act | Supreme Court Delivers Split Verdict On Whether Notice Of Land Acquisition Should Be Served On Possessors Whose Names Are Not Reflected In Revenue Records
1 year, 2 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, 5 months ago

HC Reserves Verdict in Land Encroachment Cases

Deccan Chronicle  

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

Land Acquisition | 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 …

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 …

SC to have specialsed benches to deal with criminal, tax, land issues, MACT matters
2 years, 1 month ago

SC to have specialsed benches to deal with criminal, tax, land issues, MACT matters

Firstpost  

Chief Justice of India DY Chandrachud announced on Wednesday when an advocate mentioned his matter relating to land acquisition for an urgent hearing New Delhi: The Supreme Court will have four special benches to conduct proceedings in issues relating to criminal matters, direct and indirect tax matters, land acquisition matters and motor accidents claims tribunal. “The Supreme Court will have …

Supreme Court Disapproves Entertaining Of Writ Petitions For Executing Arbitration Awards Against NHAI: Supreme Court
2 years, 4 months ago

Supreme Court Disapproves Entertaining Of Writ Petitions For Executing Arbitration Awards Against NHAI: Supreme Court

Live Law  

The Supreme Court disapproved the entertaining of writ petitions seeking execution of Arbitration awards passed against National Highways Authority of India. "If the High Courts convert itself to the Executing Court and entertain the writ petitions under Article 226 of the Constitution of India to execute the award passed by the Arbitral Tribunal/Court, the High Courts would be flooded with …

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 …

Judgment Must Have Clarity On Exact Relief Granted So As To Avoid Difficulty In Execution : Supreme Court
2 years, 9 months ago

Judgment Must Have Clarity On Exact Relief Granted So As To Avoid Difficulty In Execution : Supreme Court

Live Law  

In a matter related to land acquisition, the Supreme Court recently observed that judgment must have a clarity on the exact relief that is granted by the Court so that it may not create further complication and/or difficulty in the execution.The bench of Justices MR Shah and BV Nagarathna made this observation while considering appeals preferred by the claimants landowners …

'Interest To Solatium A Must': Madras High Court Modifies Award Of Additional Compensation For Land Acquired By ONGC
2 years, 10 months ago

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

Live Law  

While upholding the additional compensation per Are granted by a Reference Court under the Land Acquisition Act, 1894, Madras High Court has held that interest for Solatium is a mandatory component as per Section 28 of the Act.The single Bench of Dr Justice G. Jayachandran was hearing a batch of appeal suits preferred by Oil and Natural Gas Corporation Limited. …

'Private Interest Has To Give Way To The Larger Public Interest': Allahabad High Court In A Land Acquisition Matter
3 years ago

'Private Interest Has To Give Way To The Larger Public Interest': Allahabad High Court In A Land Acquisition Matter

Live Law  

The Allahabad High Court has recently held in a case challenging land acquisition proceedings that private interest has to give way to the larger public interest. Upholding the proceedings for construction of a railway over-bridge, a Division Bench of Chief Justice Rajesh Bindal and Justice Piyush Agarwal observed,"Private interest has to give way to the larger public interest. Upholding the …

Land Acquisition Compensation : Deduction For Development Costs Is To Made To Arrive At Market Value Of Undeveloped Land
3 years, 3 months ago

Land Acquisition Compensation : Deduction For Development Costs Is To Made To Arrive At Market Value Of Undeveloped Land

Live Law  

In a case related to land acquisition compensation, the Supreme Court has approved the deduction of 50% towards developmental costs. Referring to precedents, the Court observed that deduction for development is to be made to arrive at the market value of large tracts of undeveloped agricultural land. ".we find that deduction towards the development cost at the rate of 50% …

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. …

Supreme Court Constitution Bench Judgments Of 2020
4 years ago

Supreme Court Constitution Bench Judgments Of 2020

Live Law  

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

Supreme Court Upholds Land Acquisition Notifications For Chennai-Salem 8 Lane Expressway
4 years, 1 month ago

Supreme Court Upholds Land Acquisition Notifications For Chennai-Salem 8 Lane Expressway

Live Law  

The Supreme Court on Tuesday upheld the notifications issued for acquiring land for the Chennai-Salem eight-lane greenfield expressway project.Partly allowing the appeals of the Union of India and the National Highways Authority of India, the top court reversed the Madras High Court judgment to the extent it quashed the land acquisition notifications.The Court said that it has negatived. Prior Environmental …

All Courts In This Country Are Bound By The Judgment Of The Apex Court, Says Supreme Court [Read Order]
4 years, 2 months ago

All Courts In This Country Are Bound By The Judgment Of The Apex Court, Says Supreme Court [Read Order]

Live Law  

All Courts in this country are bound by the judgment of the Apex Court, the Supreme Court remarked while disposing a special leave petition on Thursday.Justice RF Nariman led bench was considering an SLP filed against a Madhya Pradesh High Court judgment in a land acquisition matter. All Courts in this country are bound by the judgment of the Apex …

[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 …

Some Clarity Needed on Larger Bench Verdict, Says SC on Land Acquisition Matter
4 years, 3 months ago

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

News 18  

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

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

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 …

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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