[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 sum and sum without interest and it has been held that once the interest is included in the sum for which the Award is made that cannot be segregated, meaning thereby that once in the Award interest is added that cannot be segregated.” The above ruling came in a petition filed under Article 227 of Constitution of India for quashing an order passed by the trial court in a Land Acquisition Execution Case whereby the objection to calculation of the decree holder against the calculation chart, which was based upon the judgment passed by the Supreme Court was rejected. The petitioner thereafter filed an execution case before the Land Acquisition Judge praying for compensation at the enhanced rate along with interest accrued. The petitioner placed reliance on the Supreme Court's ruling in Hyder Consulting Limited v. Governor, State of Orissa 2 SCC 189, whereby it was held that once the interest is added in the compensation that interest is also included in the sum.

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History of this topic

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 …

Department Retaining Balance Amount After Tax Demand Is Reduced Violates Article 14 & Article 265 Of Constitution: Jharkhand High Court
3 weeks, 1 day ago

Department Retaining Balance Amount After Tax Demand Is Reduced Violates Article 14 & Article 265 Of Constitution: Jharkhand High Court

Live Law  

The Jharkhand High Court stated that retaining balance amount by department after the tax demand is reduced is violative of Article 14 & Article 265 of the constitution. Subsequently, fresh assessment order post remand was also passed reiterating that the tax amounts are due from the assessee again without giving credit to the amount already deposited by the assessee at …

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 …

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. …

Jharkhand HC Reduces Interest Rate, Compensation By MACT To Family Of Deceased 50-Year-Old, Cites Excessive Award Under Conventional Head
2 months, 3 weeks ago

Jharkhand HC Reduces Interest Rate, Compensation By MACT To Family Of Deceased 50-Year-Old, Cites Excessive Award Under Conventional Head

Live Law  

The Jharkhand High Court has slashed the interest rate on compensation awarded to the family of a 50-year-old barber who was struck by a mini-bus, ruling that the 12% annual interest granted by the Motor Accident Claims Tribunal, Dumka, was excessive. Justice Subhash Chand, presiding over the case, reduced the interest rate to 7.5%, stating, “The impugned Award passed by …

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 …

Admissions Made In Pleadings Are Binding U/S 21 Evidence Act, Cannot Be Retracted At Appellate Stage: Jharkhand High Court
3 months, 2 weeks ago

Admissions Made In Pleadings Are Binding U/S 21 Evidence Act, Cannot Be Retracted At Appellate Stage: Jharkhand High Court

Live Law  

The Jharkhand High Court has held that admissions made in pleadings are binding under Section 21 of the Indian Evidence Act, 1872, and cannot be retracted at the appellate stage. The Tribunal had directed the Insurance Company to pay compensation with interest at 6% per annum and an additional penal interest of 9% if the amount was not paid within …

Interest On Awarded Amount Cannot Exceed Rate Of 6% As Provided U/S 30(7) Of J&K Arbitration Act: High Court
3 months, 2 weeks ago

Interest On Awarded Amount Cannot Exceed Rate Of 6% As Provided U/S 30(7) Of J&K Arbitration Act: High Court

Live Law  

The Jammu & Kashmir And Ladakh High Court bench of Justice M A Chowdhary has held that section 30 of the Jammu and Kashmir Arbitration Act, 1997 which was amended in 2010 is retrospective in nature. It was further submitted that Section 31 of the J&K Arbitration and Conciliation Act, 1997 provided for grant of interest by the arbitrator for …

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

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

Deccan Chronicle  

HYDERABAD: Justice T. Vinod Kumar of the Telangana High Court initiated contempt proceedings against senior government officials for failure to comply with court orders directing payment of enhanced compensation in a decade-old land acquisition case. Dissatisfied with the initial compensation, petitioner M. Balakrishna Reddy sought a reference under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and …

Land Acquisition | Sale Statement Cannot Be Relied Upon For Compensation Without Examining Vendors Or Vendees: Patna High Court Reiterates
4 months, 1 week ago

Land Acquisition | Sale Statement Cannot Be Relied Upon For Compensation Without Examining Vendors Or Vendees: Patna High Court Reiterates

Live Law  

The Patna High Court has made it clear that while determining compensation for land acquisition, mere statement of exemplar sale is not sufficient without examining the vendors or vendees involved. Justice Nawneet Kumar, presiding over the case, observed, “It is an admitted fact that the compensation of the acquired land was assessed on the basis of the sale statement of …

Levy Of Additional Compensation Noble: Allahabad HC Upholds Levy Of Penal Interest On Unpaid Additional Compensation During Pending Litigation
7 months, 3 weeks ago

Levy Of Additional Compensation Noble: Allahabad HC Upholds Levy Of Penal Interest On Unpaid Additional Compensation During Pending Litigation

Live Law  

The Allahabad High Court has upheld the levy of penal interest by the Yamuna Expressway Industrial Development Authority on additional compensation which was not paid by the petitioner during the pendency of litigation. The Principle of restitution is founded on the ideal of complete justice, entitling the successful party to compensation, including interest, for the period it was deprived of …

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 …

Arbitrator Can Award Interest Anytime After The Award Is Passed Till Actual Payment Is Made: Uttarakhand High Court
9 months, 1 week ago

Arbitrator Can Award Interest Anytime After The Award Is Passed Till Actual Payment Is Made: Uttarakhand High Court

Live Law  

The Uttarakhand High Court has upheld an arbitration award observing that an arbitrator can award interest after the award is given till the actual payment is made. Hearing the matter, the bench comprising Chief Justice Ritu Bahri and Justice Rakesh Thapliyal directed the state to pay additional interest as awarded by the arbitrator on the total amount due from the …

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 …

Section 234B Interest Has To Be Charged On The Assessed Income And Not On The Returned Income: Jharkhand High Court
1 year, 5 months ago

Section 234B Interest Has To Be Charged On The Assessed Income And Not On The Returned Income: Jharkhand High Court

Live Law  

The Jharkhand High Court has held that interest under Section 234B of the Income Tax Act has to be charged on the assessed income and not on the returned income.The bench of Justice Rongon Mukhopadhyay and Justice Deepak Roshan has observed that, as per Section 234B, interest has to be charged on an amount equal to the assessed tax or, …

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 …

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 …

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 …

Telangana HC: Pay one rate for Patta land, assigned land
2 years, 2 months ago

Telangana HC: Pay one rate for Patta land, assigned land

Deccan Chronicle  

HYDERABAD: A division bench of the Telangana High Court, comprising Chief Justice Ujjal Bhuyan and Justice N. Tukaramji, directed the state government not to be discriminatory in payment of compensation for the assigned land it had acquired. The bench reiterated that the Supreme Court judgment in ‘Land acquisition officer vs Mekala Pandu and others’ evidenced that assignees of government land …

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, …

Compensation For Compulsory Acquisition Of Commercial Land Exempted From Income Tax: ITAT
2 years, 6 months ago

Compensation For Compulsory Acquisition Of Commercial Land Exempted From Income Tax: ITAT

Live Law  

The Patna Income Tax Appellate Tribunal has held that the compensation received in respect of an award or agreement has been exempt from the levy of income tax as per section 96 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation, and Resettlement Act, 2013. The two-member bench of Sonjoy Sarma and Manish Borad has observed that …

Interest Payable On Solatium Under Land Acquisition Act Is 9% For First Year & 15% For Subsequent Years: Karnataka High Court
2 years, 6 months ago

Interest Payable On Solatium Under Land Acquisition Act Is 9% For First Year & 15% For Subsequent Years: Karnataka High Court

Live Law  

The Karnataka High Court recently held that in cases of land acquisition where payment of compensation is pending, interest to be paid on compensation amount for the first year is to be at the rate of 9% per annum and subsequently, it is to be at the rate of 15%. While doing so, there is no reference made by the …

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

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

Live Law  

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

Land 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 …

Arbitral Award Not Providing Statutory Compensation On Land Acquired Under NHA Is Perverse: Madras High Court
2 years, 10 months ago

Arbitral Award Not Providing Statutory Compensation On Land Acquired Under NHA Is Perverse: Madras High Court

Live Law  

The Madras High Court has held that an arbitral award that does not provide for payment of mandatory statutory compensation with respect to the land acquired under the National Highways Act, 1956 is perverse. Section 23 of the Land Acquisition Act, 1894 provides that the Court shall award an additional market value of 12% on the land acquired under the …

Gujarat High Court Directs NHAI To Re-Compute Compensation For Agricultural Land Acquired In 2014 For Vadodara-Mumbai Expressway
2 years, 10 months ago

Gujarat High Court Directs NHAI To Re-Compute Compensation For Agricultural Land Acquired In 2014 For Vadodara-Mumbai Expressway

Live Law  

The Gujarat High Court recently allowed the writ petition of a land-owner, seeking directions to re-compute the award passed by the competent authority in pursuance of land acquisition proceedings for the purpose of construction of Vadodara-Mumbai Expressway. The Petitioners sought that the compensation be revised by applying the market value of the land with Multiplier Factor-2 since the land was …

No TDS Required To Be Deducted On Enhanced Compensation Awarded By Court Under Land Acquisition Act: Delhi ITAT
2 years, 11 months ago

No TDS Required To Be Deducted On Enhanced Compensation Awarded By Court Under Land Acquisition Act: Delhi ITAT

Live Law  

The Delhi Bench of ITAT, consisting of members Astha Chandra and N.K. Billaiya, has ruled that interest received by land owners on enhanced compensation awarded to them by the Court under Section 28 of the Land Acquisition Act, 1894 is not in the nature of 'income from other sources' under the Income Tax Act, 1961, therefore, no TDS is required …

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

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 …

'Private Interest Has To Give Way To The Larger Public Interest': Allahabad High Court In A Land Acquisition Matter
3 years, 2 months 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 | 2 Year Period For Lapse Of Proceedings Under 1894 Act Won't Apply After Notification Of 2013 Act : Supreme Court
3 years, 4 months ago

Land Acquisition | 2 Year Period For Lapse Of Proceedings Under 1894 Act Won't Apply After Notification Of 2013 Act : Supreme Court

Live Law  

The Supreme Court has held that the 2 year period prescribed under the Land Acquisition Act 1894 for the lapse of land acquisition proceedings for not delivering the award will not apply to an award passed after the notification of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013The limitation period for passing/making of …

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

Kerala High Court Stays Govt Order Sanctioning Land Acquisition By State Exempting Land Value From Compensation

Live Law  

A writ petition has been filed before the Kerala High Court challenging the proceedings for land acquisition initiated by a Government Order dated 4th February 2021 by which an administrative sanction has been granted to acquire 102.6 acres of land belonging to the petitioner by merely paying the value of improvements made on the land as compensation. It was additionally …

Supreme Court Sets Aside MP HC Order To Disburse 1.96 Crore Deposited By Defence Ministry To Land Owners As Compensation
3 years, 8 months ago

Supreme Court Sets Aside MP HC Order To Disburse 1.96 Crore Deposited By Defence Ministry To Land Owners As Compensation

Live Law  

The Supreme Court set aside the Madhya Pradesh High Court order that directed the disbursal of the amount of about Rs. 1.96 crore deposited by Defence Ministry with Collector as compensation to land owners.Land owners of about 51.57 acres in Jabalpur had filed the writ petition before the Madhya Pradesh High court alleging that they were being obstructed by the …

Award Of Lok Adalat Cannot Be Considered As An Award Of The Court Made Under Part III Of Land Acquisition Act: Bombay High Court
3 years, 8 months ago

Award Of Lok Adalat Cannot Be Considered As An Award Of The Court Made Under Part III Of Land Acquisition Act: Bombay High Court

Live Law  

The Bombay High Court has held that an award of the Lok Adalat, being an executable decree binding between the parties, cannot be considered as an award of the Court under Part III of the Land Acquisition Act for the purposes of sec. Furthermore, it said: "We are, thus, of the view that the award of the Lok Adalat, through …

Capital Gains In Case Of Compulsory Land Acquisition Accrues On Arrival Of The Relevant Stage Of Taking Possession And Not Before: SC [Read Judgment]
4 years, 6 months ago

Capital Gains In Case Of Compulsory Land Acquisition Accrues On Arrival Of The Relevant Stage Of Taking Possession And Not Before: SC [Read Judgment]

Live Law  

The Supreme Court has observed that capital gains in a case of compulsory acquisition of land shall be deemed to have accrued: upon making of the award, in the case of ordinary acquisition referable to Section 16; and after expiration of fifteen days from the publication of the notice mentioned in Section 9, in the case of urgency. The Supreme …

[Land Acquisition]If Award Not Made Due To Stay, Would Enhanced Compensation Under 2013 Act Still Accrue?- SC To Consider Section 24(1)(a) Separately
5 years, 3 months ago

[Land Acquisition]If Award Not Made Due To Stay, Would Enhanced Compensation Under 2013 Act Still Accrue?- SC To Consider Section 24(1)(a) Separately

Live Law  

The Supreme Court five-judge bench, to which the task of the interpretation of section 24 of the 2013 Land Acquisition Act has been entrusted, grappled with a new question on Wednesday- if the award, for the purpose of section 24, could not be made on account of a stay, would the provisions of the new Act still apply, entitling all …

[Land Acquisition] Indore Development Authority Judgment Is Per incuriam: Sidharth Luthra Tells SC [Read Written Submissions]
5 years, 3 months ago

[Land Acquisition] Indore Development Authority Judgment Is Per incuriam: Sidharth Luthra Tells SC [Read Written Submissions]

Live Law  

On Thursday, Senior Advocate Siddharth Luthra raised, before the five-judge bench to which the interpretation of section 24 of the 2013 Land Acquisition Act has been entrusted, the issue of a three-judge bench in its 2018 ruling in Indore Development Authority regarding as per incuriam another three-judge decision in Pune Municipal Corporation. Another five-judge bench's opinion in the Dawoodi Bohra …

SC Constitution Bench Reserves Orders On Plea For Recusal Of Justice Arun Mishra From Land Acquisition Matters
5 years, 5 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 …

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

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

Live Law  

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

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

Farmers Association Takes Objection To Justice Arun Mishra Heading Constitution Bench For Land Acquisition Matters

Live Law  

The All India Farmer Association has written a letter, dated October 14, to the Chief Justice of India, Ranjan Gogoi, requesting that the newly constituted Constitution Bench, headed by Justice Arun Mishra, may not hear the matters regarding the interpretation of Section 24 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act,. The All …

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

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

Firstpost  

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

Land acquisition only on valid Act, rules Kerala HC
6 years ago

Land acquisition only on valid Act, rules Kerala HC

Deccan Chronicle  

PALAKKAD: The legal battle between a section of residents who will be losing their homes and land as part of compulsory acquisition of land for Nadakkavu Railway Overbridge at Akathethara here has entered a crucial phase with the High Court giving an interim order to some of the residents who approached it demanding compensation as per the Right to Fair …

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