Punjab & Haryana HC Strikes Down Provision To Denotify Land Inserted By Haryana Assembly In Land Acquisition Act
1 week, 4 days 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 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 or unnecessary. Purpose Of 2013 Land Acquisition Act Was To Ensure Farmers Who Part With Their Land Are Benefitted Of Progressive Development Perusing the Statements of Objects and Reasons of the Land Acquisition Act, the Court said that the whole purpose of the amendment was to give a new approach to the issue of land acquisition for development purposes, with a view to ensure that the farmers who part with their lands are enabled to share the benefits of progressive development.

Constitution Court Land Acquisition Land Acquisition Act Purpose Haryana Land State Government Acquisition State Act Haryana Assembly Provision Section 101A 101A  assembly  101a  punjab  hc  acquisition  purpose  state  strikes  denotify  right  provision  court  land  haryana  act  amendment  inserted

History of this topic

Punjab & Haryana High Court Reiterates Limited Scope For Interference U/S 34 & 37 Of Arbitration Act, Upholds Award In Land Development Dispute
1 month, 2 weeks 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 …

[Land Acquisition] Plea For Enhancement Of Compensation After 50-Yrs Stained By 'Gross Delay': Punjab & Haryana High Court Imposes ₹25k Cost
6 months, 2 weeks ago

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

Live Law  

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

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

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

Live Law  

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

Odisha land records regularisation initiative | From legacy displacement to land ownership
11 months, 3 weeks ago

Odisha land records regularisation initiative | From legacy displacement to land ownership

The Hindu  

Janakram Pradhan, 81, remembers events in 1956 when the Odisha government had sent trucks to vacate Duanmunda village in Jharsuguda district. He is delighted, but says, “The government that forced my family to surrender my land still owes us ₹300 from the ₹5,300 we got as compensation for the 9.5 acres we once owned.” In a large-scale land records regularisation …

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

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

Live Law  

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

Redistributed Shamlat Land Cannot Be Automatically Presumed To Be Vested In Gram Panchayats/ Municipalities: Punjab & Haryana High Court
1 year, 9 months ago

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

Live Law  

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

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 ruling: ‘Thousands of acres of illegally sold land to be restored to Haryana panchayats’
2 years, 6 months ago

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

Hindustan Times  

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

Land Acquisition | S.3(H)(4) National Highways Act Enables Non-Owners Interested In Compensation To Approach Competent Authority: Punjab & Haryana HC
2 years, 6 months ago

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

Live Law  

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

SC ruling on village common land: Haryana sets timelines for restoration of illegally-sold panchayat land
2 years, 8 months ago

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

Hindustan Times  

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

Land Acquisition By State For "Public Purpose" Can't Be Disputed At The Drop Of A Hat: Punjab & Haryana High Court Reiterates
2 years, 8 months ago

Land Acquisition By State For "Public Purpose" Can't Be Disputed At The Drop Of A Hat: Punjab & Haryana High Court Reiterates

Live Law  

Punjab and Haryana High Court has held that any acquisition made by the government for public use cannot be disputed by landowner at the drop of the hat. Hence, keeping in view the judgment passed by Hon'ble the Supreme Court in Ram Swaroop's case, the impugned order dated 12.11.2021, whereby representation for release of land under Section 101-A of 2013 …

'Part Of Agrarian Reform, Protected By Article 31A Constitution': Supreme Court Upholds 1992 Haryana Amendment To Punjab Village Common Lands (Regulation) Act
2 years, 8 months ago

'Part Of Agrarian Reform, Protected By Article 31A Constitution': Supreme Court Upholds 1992 Haryana Amendment To Punjab Village Common Lands (Regulation) Act

Live Law  

The Supreme Court has upheld the validity of the 1992 Haryana Amendment to the Punjab Village Common Lands Act. In this Act, unless the context otherwise requires- xxx xxx xxx shamilat deh" includes xxx xxx xxx lands reserved for the common purposes of a village under Section 18 of the East Punjab Holdings Act, 1948, the management and control whereof …

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
2 years, 11 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 …

Bill to Fast-track Land Acquisition Passed, Amid Opposition Walkout from Haryana Assembly
3 years, 4 months ago

Bill to Fast-track Land Acquisition Passed, Amid Opposition Walkout from Haryana Assembly

News 18  

The Haryana Assembly on Tuesday passed a bill to fast-track land acquisition, even as opposition Congress demanded it be either withdrawn or referred to the House’s select committee as many of its provisions are “anti-farmer”. “Some provisions of the bill, including those related to land acquisition for infrastructure projects under public private partnership as well as doing away with social …

Does Oral Exchange Of Land In Rural Punjab Require Compulsory Registration? Supreme Court Issues Notice
3 years, 4 months ago

Does Oral Exchange Of Land In Rural Punjab Require Compulsory Registration? Supreme Court Issues Notice

Live Law  

The Supreme Court issued notice in a special leave petition which raised the issue whether oral exchange of land in the rural areas of state of Punjab requires registration or not?In this case, the Punjab and Haryana High Court noted that Section 118 of the Transfer of Property Act is not applicable to the rural areas of the State of …

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. …

Can't Direct State To Decide Representation Of Land Owners To De-notify Land Under Acquisition; The State In Its Discretion Can Do So: P&H HC [Read Order]
4 years, 3 months ago

Can't Direct State To Decide Representation Of Land Owners To De-notify Land Under Acquisition; The State In Its Discretion Can Do So: P&H HC [Read Order]

Live Law  

The Punjab and Haryana High Court on Thursday ruled that the State alone has the power to de-notify the land under acquisition, under Section 101A of the Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013. Power to denotify land.- When any public purpose, for which the land acquired under the Land Acquisition Act, 1894 …

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