Land Acquisition Lapses If Possession Has Not Been Taken & Compensation Unpaid: Bombay HC [Read Order]
7 years, 5 months ago

Land Acquisition Lapses If Possession Has Not Been Taken & Compensation Unpaid: Bombay HC [Read Order]

Live Law  

The Bombay High Court recently allowed a petition filed under Section 24 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.A bench of Chief Justice Manjula Chellur and Justice NM Jamdar ruled that the acquisition proceedings had lapsed under Section 24 of the said Act and hence, the petition was allowed.Case BackgroundA piece. The Bombay High Court recently allowed a petition filed under Section 24 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. A bench of Chief Justice Manjula Chellur and Justice NM Jamdar ruled that the acquisition proceedings had lapsed under Section 24 of the said Act and hence, the petition was allowed. Submissions And Final Order Counsel for the petitioners Anish Khandekar submitted that the acquisition proceedings have lapsed in view of Section 24 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

Compensation Court Land Acquisition Land Acquisition Act Possession Petition Bombay Section 24 Rehabilitation And Resettlement Act  land  242  taken  act  acquisition  court  read  bombay  petition  proceedings  compensation  resettlement  unpaid  order  hc  lapses  possession

History of this topic

Land acquired for public purposes cannot be returned to owner by beneficiary through private deal: Supreme Court
1 day, 4 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 …

Court dismisses Pune man's land plea, fines petitioner Rs 1 lakh
3 days, 21 hours ago

Court dismisses Pune man's land plea, fines petitioner Rs 1 lakh

India Today  

The Bombay High Court on Monday imposed a cost of 1 lakh on a Pune resident while dismissing his writ petition challenging a land acquisition process completed in 1972. Khinvasara, who filed the petition in 2010, alleged, "The government had never lawfully acquired the land, had not paid compensation, and had inserted its name in the revenue records without due …

Allahabad HC Warns Of 'Heavy Penalty' On Officers Responsible For Utilizing Citizens' Lands Without Following Due Procedure For Acquisition
1 week, 4 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, 1 day 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 …

Bombay High Court Quashes Acquisition Of Agricultural Lands For Navi Mumbai Airport Project
Trending News
2 weeks, 2 days ago

Bombay High Court Quashes Acquisition Of Agricultural Lands For Navi Mumbai Airport Project

Live Law  

The Bombay High Court has set aside an award of land acquisition of agricultural lands for the purpose of Navi Mumbai Airport Project at Vahal Village in Panvel District, noting that there were procedural lapses in the proceedings. The Court observed that without invoking the urgency provisions in Section 17, Section 5A requirements were dispensed with and a Section 6 …

Bombay High Court strikes down land acquisition for Navi Mumbai airport
2 weeks, 2 days ago

Bombay High Court strikes down land acquisition for Navi Mumbai airport

India Today  

The Bombay High Court has cancelled the land acquisition process for the Navi Mumbai international airport project, citing procedural irregularities and non-compliance with mandatory legal provisions. A bench of Justices MS Sonak and Jitendra Jain observed that the acquisition process initiated by the City and Industrial Development Corporation and the Maharashtra government was flawed due to the absence of a …

'Speculative Litigation': Bombay High Court Imposes ₹2 Lakh Exemplary Costs For Ownership Claim On Land Acquired In 1947
3 weeks, 1 day 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, 2 days 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 …

Supreme Court Annual Digest 2024: Land Laws
1 month, 1 week ago

Supreme Court Annual Digest 2024: Land Laws

Live Law  

LAND LAWS - SUPREME COURT ANNUAL DIGEST 2024 Tamil Nadu Town and Country Planning Act, 1972; Sections 36, 37, and 38 - Acquisition and release of land designated for public purposes - The suit land, originally shown in private ownership in the 1978 and 1981 Layout Plans, was reserved for "public purpose" under the Tamil Nadu Town and Country Planning …

[Land Acquisition Act] Interest Added To Compensation Becomes Part Of Awarded Sum, Cannot Be Segregated For Further Calculation: Jharkhand HC
1 month, 2 weeks ago

[Land Acquisition Act] Interest Added To Compensation Becomes Part Of Awarded Sum, Cannot Be Segregated For Further Calculation: Jharkhand HC

Live Law  

The Jharkhand High Court, in a recent judgment, has observed that in land acquisition cases, there is no distinction between the sum and sum without interest, and once the interest is included in the sum for which the Award is made, that cannot be segregated. Justice Sanjay Kumar Dwivedi presiding over the case, observed, “There is no distinction between the …

Karnataka HC directs BDA to complete remaining 1.8 km road of PRR Part II project while refusing to quash acquisition of 31 acres of land
2 months, 1 week ago

Karnataka HC directs BDA to complete remaining 1.8 km road of PRR Part II project while refusing to quash acquisition of 31 acres of land

The Hindu  

While refusing to quash the acquisition of around 31 acres of land, which was acquired among other land parcels for the formation of the Peripheral Ring Road project but no award was passed for the land, the High Court of Karnataka has directed the Bangalore Development Authority to pay compensation for the land within six months and complete the remaining …

Bombay HC Imposes ₹1.5L Costs On MHADA, Municipal Corporation For Holding Possession Of Properties Beyond Requisition Period
2 months, 2 weeks ago

Bombay HC Imposes ₹1.5L Costs On MHADA, Municipal Corporation For Holding Possession Of Properties Beyond Requisition Period

Live Law  

The Bombay High has directed the Maharashtra Housing and Area Development Authority and the Solapur Municipal Corporation to pay Rs. The petitioners contended that the requisition could not have continued beyond July 2011 in view of Section 9 of the Bombay Land Requisition Act, which provides that the requisition period cannot continue beyond 24 years. They contended that since the …

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 …

Supreme Court Slams Maharashtra Officials For Non-Payment Of Land Acquisition Compensation, Directs Recovery Of Cost From Guilty Officers
2 months, 2 weeks 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
2 months, 2 weeks 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. …

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 …

Telangana Legal Briefs | State told to pay compensation for land acquisition
3 months ago

Telangana Legal Briefs | State told to pay compensation for land acquisition

Deccan Chronicle  

HYDERABAD: Justice B. Vijaysen Reddy of the Telangana High Court expressed his displeasure over the conduct of state authorities in not paying compensation to an 84-year-old retired engineer in return for acquisition of his land. Earlier, the judge in the writ plea preferred by the petitioner directed the authorities to acquire the land of the petitioner which was illegally encroached, …

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 …

HC enhances compensation to A H Wadia Trust for land acquisition for airport
3 months, 1 week ago

HC enhances compensation to A H Wadia Trust for land acquisition for airport

Hindustan Times  

MUMBAI: The Bombay high court has enhanced the compensation granted to A H Wadia Trust for acquisition of 50,000 sq m of its land for expansion of the Chhatrapati Shivaji Maharaj International Airport. HC enhances compensation to A H Wadia Trust for land acquisition for airport A single judge bench of justice Milind Jadhav on Wednesday held that the trust …

If Award For Land Acquisition Is Passed After Amendment To Section 25, Court Can Grant Higher Compensation: Bombay High Court
3 months, 1 week 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 …

Compensation Received Under SC/ST Rules Must Be Returned If FIR Quashed Due To Settlement: Delhi High Court
3 months, 2 weeks ago

Compensation Received Under SC/ST Rules Must Be Returned If FIR Quashed Due To Settlement: Delhi High Court

Live Law  

The Delhi High Court has recently ruled that any compensation received under the SC/ST Rules should be returned when the legal proceedings are discontinued due to a settlement.Justice Sanjeev Narula observed that the compensation mechanism under the SC/ST Act read with the Rules is intrinsically linked to the continuation of legal proceedings.“The intent of the. The Delhi High Court has …

Legal Briefs | Govt officers in Telangana face contempt heat in land acquisition case
4 months 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 …

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 …

Telangana HC Directs Reassessment of Compensation in SCCL Land Case
4 months, 1 week ago

Telangana HC Directs Reassessment of Compensation in SCCL Land Case

Deccan Chronicle  

Hyderabad: Justice T. Vinod Kumar of the Telangana High Court directed local authorities to reconsider compensation for petitioners in a land acquisition case involving Singareni Collieries Company Limited. Since the respondents agreed to pay the amount, the writ plea was allowed in August 2021 directing the respondents to pay the amount payable to the petitioner with 18 per cent interest …

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 …

Will Stop Schemes Like 'Ladli Behna' : Supreme Court Warns Maharashtra Govt Over Not Paying Land Acquisition Compensation
7 months, 1 week 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 …

Bombay Tenancy & Agricultural Lands Act | Trust Land Must Be Included In Schedule-I To Claim Exemption, Order U/S 88B Insufficient: High Court
7 months, 1 week ago

Bombay Tenancy & Agricultural Lands Act | Trust Land Must Be Included In Schedule-I To Claim Exemption, Order U/S 88B Insufficient: High Court

Live Law  

The Bombay High Court has held that an exemption order granted to a Trust under Section 88-B of the Bombay Tenancy and Agricultural Lands Act, 1948 is not sufficient to claim exemption of the land from the provisions of the Act. The question before the Court was whether the ownership of the land was affected by the subsequent exemption granted …

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 …

Officials told to compensate farmers for land acquired for highways in Sri Sathya Sai district
8 months, 3 weeks ago

Officials told to compensate farmers for land acquired for highways in Sri Sathya Sai district

The Hindu  

Joint Collector Abhishek Kumar has instructed the officials to prepare action plans to provide compensation to the farmers whose lands have been acquired for the National Highway projects in Sri Sathya Sai district. During a review meeting at the Collectorate here on June 27, the Joint Collector also discussed the issues pertaining to land acquisition and compensation for farmers in …

[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 …

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

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

Poll Panel Assures To Give ‘Nazari Naksha’ to BJP Candidate
1 year ago

Poll Panel Assures To Give ‘Nazari Naksha’ to BJP Candidate

Deccan Chronicle  

Hyderabad: A two-judge panel of the Telangana High Court on Wednesday recorded a statement of the Election Commission that it would give a copy of Nazari Naksha, which would be a map disclosing all households which fall within the boundaries of each polling station and the number of voters in each household to Konda Vishweshwar Reddy, BJP’s Chevella candidate, in …

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 …

Telangana HC rules 185 acres in Sultanpally not jagir land
1 year, 1 month ago

Telangana HC rules 185 acres in Sultanpally not jagir land

Deccan Chronicle  

Hyderabad: A two-judge of the Telangana High Court refused to interfere with the order of a single judge who set aside a government memo issued in 2005 relating to land in Sultanpally of Shamshabad mandal in Rangareddy district. The government contended that “there is no material on record to show that the subject land is a private patta land.” It …

Court orders revised compensation to owners for land acquired by Mumbai's Atal Setu
1 year, 2 months ago

Court orders revised compensation to owners for land acquired by Mumbai's Atal Setu

India Today  

The Bombay High Court has directed the Maharashtra government to promptly provide revised compensation to 20 landowners whose lands were acquired for the Mumbai Trans Harbour Sea Link Project, now known as "Atal Setu." The court noted that land acquisition proceedings initiated under the Land Acquisition Act of 1894 had lapsed due to non-compliance with statutory procedures. It directed state …

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 …

Delay in providing adequate compensation for land acquired for Perundurai SIPCOT condemned
1 year, 3 months ago

Delay in providing adequate compensation for land acquired for Perundurai SIPCOT condemned

The Hindu  

Stating that 200 acres acquired from 100 families for establishing the State Industries Promotion Corporation of Tamil Nadu Limited Industrial Growth Centre at Perundurai were not given adequate compensation even after 27 years, members of the Perundurai SIPCOT Affected People Welfare Association have urged the State government to consider their long-pending demand and provide compensation. The acquired lands were directly …

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 …

Calcutta High Court Dismisses 'Contradictory' Plea Seeking Both Compensation & Possession Of Land Acquired By Govt 52 Yrs Ago
1 year, 6 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 …

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 …

Farmers to move HC seeking withdrawal of final notification on Peripheral Ring Road land acquisition
1 year, 7 months ago

Farmers to move HC seeking withdrawal of final notification on Peripheral Ring Road land acquisition

The Hindu  

Bengaluru The meeting between farmers whose lands have been notified for the Peripheral Ring Road project and the State government, chaired by Deputy Chief Minister and Bengaluru Development Minister D.K. Unhappy over the outcome of the meeting, several farmers and site owners whose lands have been notified for PRR organised under Peripheral Ring Road Raitha Hagu Niveshanadarara Sangha have now …

Gujarat High Court Quashes Reopening Of Assessment Order And Notice In Land Acquisition Case, Rules Compensation Not Taxable As Capital Gains
1 year, 8 months ago

Gujarat High Court Quashes Reopening Of Assessment Order And Notice In Land Acquisition Case, Rules Compensation Not Taxable As Capital Gains

Live Law  

The Gujarat High Court while quashing the reopening of an assessment order and notice issued to the petitioner in a land acquisition case, has ruled that compensation received for compulsory acquisition of land is not taxable as capital gains. However, after nearly two years, Anilaben received a notice under Section 148 of the Income Tax Act on March 31, 2021, …

[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, …

New Claim For Enhancement Of Compensation From NHAI Based On Subsequent Change Of Land Use ; Barred By Limitation : Madhya Pradesh High Court
1 year, 8 months ago

New Claim For Enhancement Of Compensation From NHAI Based On Subsequent Change Of Land Use ; Barred By Limitation : Madhya Pradesh High Court

Live Law  

The Madhya Pradesh High Court has held that the cause of action for referring the dispute to arbitrator under Section 3G of the National Highways Act, 1956 arises on the date of the determination of the amount of compensation by the competent authority under Section 3G of the Act. The bench of Justice Milind Ramesh Phadke held that though there …

S.64 Right To Fair Compensation Act: HP High Court Rules Collector Bound To Refer Objections Against Land Acquisition Award To Appropriate Authority
1 year, 10 months ago

S.64 Right To Fair Compensation Act: HP High Court Rules Collector Bound To Refer Objections Against Land Acquisition Award To Appropriate Authority

Live Law  

The provision of Section 64 of 2013, Act does not leave any discretion with the Land Acquisition Collector to determine the issue himself. On receipt of an application with objection on any of the ground enumerated above, the Collector has to refer the matter to the authority, " The Himachal Pradesh High Court has ruled that in terms of Section …

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 …

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