Bombay HC Declares Acquisition Of Land As Lapsed After State Failed To Pay Any Compensation In 42 Years [Read Judgment]
7 years, 3 months ago

Bombay HC Declares Acquisition Of Land As Lapsed After State Failed To Pay Any Compensation In 42 Years [Read Judgment]

Live Law  

In a judgment that reflects lapses on part of the state and its impact on everyday lives of its citizens, the Bombay High Court has declared the acquisition of a piece of land in Sangli that took place 42 years ago for the purpose of building Walekhindi Irrigation Dam, as lapsed.What is surprising is that the said piece of land is already submerged under dam water and so the question. In a judgment that reflects lapses on part of the state and its impact on everyday lives of its citizens, the Bombay High Court has declared the acquisition of a piece of land in Sangli that took place 42 years ago for the purpose of building Walekhindi Irrigation Dam, as lapsed. By an award dated October 10, 1975, the said piece of land was acquired under provisions of the Land Acquisition Act 1894. Thus, it was the case of the petitioners that the said acquisition proceedings stand lapsed in view of Section 24 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act.

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History of this topic

[J&K Land Acquisition Act] Publication In All Three Modes Prescribed U/S 4 Is Compulsory For Acquisition: HC Quashes Land Acquisition For Amusement Park
5 days, 20 hours ago

[J&K Land Acquisition Act] Publication In All Three Modes Prescribed U/S 4 Is Compulsory For Acquisition: HC Quashes Land Acquisition For Amusement Park

Live Law  

The Jammu and Kashmir and Ladakh High Court has reaffirmed that the publication of a notification under Section 4 of the J&K Land Acquisition Act must strictly adhere to all three prescribed modes ie public notice, Government Gazette, and two widely circulated newspapers, including one in the regional language. Despite this, the Collector Land Acquisition allegedly bypassed mandatory procedures under …

Court upholds Navi Mumbai land acquisition, urges restitution beyond compensation
1 week ago

Court upholds Navi Mumbai land acquisition, urges restitution beyond compensation

India Today  

The Bombay High Court has dismissed a batch of petitions filed by landowners in Navi Mumbai challenging the acquisition of their land for a township project. However, the court directed that the affected farmers be provided with adequate compensation, also emphasising the need for proper restitution and rehabilitation beyond mere monetary payments. A bench of Justices MS Sonak and Jitendra …

Wayanad rehabilitation: Kerala HC declines to restrain govt. from taking over land
1 week ago

Wayanad rehabilitation: Kerala HC declines to restrain govt. from taking over land

The Hindu  

A Division Bench of the Kerala High Court on Monday declined to issue an interim order sought by Elstone Tea Estate Limited restraining the government from taking over its land for setting up a model township for the Wayanad landslides survivors and allowed the government to take symbolic possession of the land. The Bench comprising Chief Justice Nitin Jamdar and …

HC stays Telangana’s notification to acquire land at Lagacharla, Hakimpet villages for multi-purpose industrial park
3 weeks, 4 days 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 …

'Speculative Litigation': Bombay High Court Imposes ₹2 Lakh Exemplary Costs For Ownership Claim On Land Acquired In 1947
1 month 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 …

Supreme Court Annual Digest 2024: Land Laws
1 month, 3 weeks 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, 4 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 …

Land Acquisition Compensation - In Exceptional Cases, Courts Can Direct Market Value Be Determined Based On A Date After Prelim Notification : Supreme Court
2 months, 4 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. …

Land Acquisition Act 1894 | Re-determination Of Compensation Under S. 28A Can Be Sought Based On High Court's Enhacement : Supreme Court
3 months, 2 weeks 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, 2 weeks 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, 2 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 …

40.03 lakh cases settled amicably in Lok Adalat held by KSLSA
8 months, 2 weeks ago

40.03 lakh cases settled amicably in Lok Adalat held by KSLSA

The Hindu  

While succeeding in convincing 259 couples in conflict for amicable resolution of their disputes and reuniting them, the national-level Lok Adalat held on July 13 witnessed amicable settlement of a total 40,03,411 cases. Justice V. Kameswar Rao, judge of the High Court of Karnataka and executive chairperson of the Karnataka State Legal Services Authority, told presspersons on Monday that a …

TS Defends Taking Back 850 Acres from IMG Bharata
1 year, 1 month 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 …

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, 4 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 …

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, 8 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 …

[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, …

RFCTLARR Act - Owner Cannot Pray For Lapse Of Land Acquisition After Refusing To Accept Compensation : Supreme Court
2 years 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 …

Competent Authority Cannot Make Corrections Once Land Acquisition Award Passed Under National Highways Act: Bombay High Court
2 years ago

Competent Authority Cannot Make Corrections Once Land Acquisition Award Passed Under National Highways Act: Bombay High Court

Live Law  

The Bombay High Court recently held that once a land acquisition compensation award is passed under the National Highways Act, 1956 by the competent authority, the authority cannot make corrections in it. " It cannot be held that the Competent Authority under the National Highways Act, 1956, would have any power or authority to either correct the award for any …

Supreme Court Annual Digest 2022- Land Laws
2 years, 2 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 …

Land Once Acquired By State Cannot Be Divested, Reconveyed To Original Owner: HP HC Orders NHAI To Pay Compensation For Land Acquisition
2 years, 3 months ago

Land Once Acquired By State Cannot Be Divested, Reconveyed To Original Owner: HP HC Orders NHAI To Pay Compensation For Land Acquisition

Live Law  

The Himachal Pradesh High Court, while disposing of a petition filed for compensation by a person whose land was acquired by the NHAI, held that once the land has been acquired by the NHAI under the relevant statutory provisions, the authorities could not divest themselves or reconvey the land on the basis that the acquired land was no longer required …

'Land Acquired Four Decades Ago' : SC Directs Authorities To Pay Compensation To Land Owners Within Two Months
2 years, 4 months ago

'Land Acquired Four Decades Ago' : SC Directs Authorities To Pay Compensation To Land Owners Within Two Months

Live Law  

In a relief to the land owners who are yet to get compensation for their lands acquired 40 years ago, the Supreme Court directed the authorities to pay compensation within two months.In this case, the land was acquired for the purpose of extension of the Nehru Zoological Park in 1981. In a relief to the land owners who are yet …

UP's Yamuna Expressway Authority paid for land unavailable on record, says CAG report
2 years, 6 months ago

UP's Yamuna Expressway Authority paid for land unavailable on record, says CAG report

Firstpost  

Noida: Uttar Pradesh government’s Yamuna Expressway Industrial Development Authority had purchased a land parcel in Gautam Buddh Nagar in 2015 but not verifying land records led to a loss of Rs 2.71 crore, a CAG report has revealed. Further, the YEIDA also incurred an expenditure of Rs 0.10 crore as stamp duty on purchase of the land against an area …

Interest Payable On Solatium Under Land Acquisition Act Is 9% For First Year & 15% For Subsequent Years: Karnataka High Court
2 years, 7 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, 9 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, 9 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, 10 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 …

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, 11 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 …

'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. …

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 …

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, 9 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 …

[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, 6 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 …

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, 7 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 …

'Failure To Comply With Section 5-A OF Land Acquisition Act Vitiates Acquisition proceedings': Bombay HC [Read Judgment]
4 years, 11 months ago

'Failure To Comply With Section 5-A OF Land Acquisition Act Vitiates Acquisition proceedings': Bombay HC [Read Judgment]

Live Law  

'Failure to comply with the provisions of section 5-A of the Land Acquisition Act results in vitiation of the acquisition proceedings', reinforced the Bombay High Court on Friday. "Without adverting to the objections as such the Special Land Acquisition Officer has proceeded further with the acquisition proceedings. The bench also could not accept the submission that the objections raised by …

Land Acquisition Proceedings Cannot Be Held Null And Void Only Because Notice Was Not Issued: Bombay HC [Read Judgment]
5 years, 1 month ago

Land Acquisition Proceedings Cannot Be Held Null And Void Only Because Notice Was Not Issued: Bombay HC [Read Judgment]

Live Law  

The Bombay High Court last Monday ruled that proceedings under the land acquisition act cannot be held to be null and void simply because notice was not issued to the new purchaser of the property in question, whose name was not reflected in the revenue records. Justice Jadhav examined and answered two substantive questions of law, which are the following- …

Land Acquisitions From 50 Years Ago Would Also Lapse If Treasury Deposit Not Taken As 'Paid' Under Sec 24, Observes SC
5 years, 4 months ago

Land Acquisitions From 50 Years Ago Would Also Lapse If Treasury Deposit Not Taken As 'Paid' Under Sec 24, Observes SC

Live Law  

Senior Advocate Shyam Divan on Wednesday resumed his arguments before the Five Judge Constitution Bench in the Indore Development Authority case on the interpretation of Section 24 of the new Land Acquisition Act. "When you have a legislative mandate that requires payment in the reference court, then the legislature is within its power to draw the line at 5 years, …

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, 7 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 …

Nanded Farmers Seek Compensation For Land Acquired For Highway Uplift, Bombay HC Issues Notices
6 years, 3 months ago

Nanded Farmers Seek Compensation For Land Acquired For Highway Uplift, Bombay HC Issues Notices

Live Law  

The Bombay High Court has issued notice to the Centre and the Maharashtra government on plea of 12 farmers from Nanded district seeking compensation in lieu of their land acquired for facelift of a stretch of NH50.The Aurangabad bench of Justice SS Shinde and Justice KK Sonawane issued notices to the governments and also the National Highways Authority of India …

Acquisition Of 40 Acres Lapses As Maharashtra Govt Fails To Complete Proceedings In Almost 30 Years [Read Judgment]
6 years, 10 months ago

Acquisition Of 40 Acres Lapses As Maharashtra Govt Fails To Complete Proceedings In Almost 30 Years [Read Judgment]

Live Law  

The Bombay High Court recently allowed a petition filed by a public charitable trust called FE Dinshaw Trust and held that acquisition of land measuring almost 41 acres or 1,65,602 square metres had lapsed as the state government failed to complete acquisition in nearly three decades.A bench of Justice AS Oka and Justice Riyaz Chagla directed the state government to …

Decades-Long Delay In Challenging Land Acquisition Notifications: 3-Judge Bench To Examine Whether Such Challenge Can Be Entertained [Read Order]
6 years, 11 months ago

Decades-Long Delay In Challenging Land Acquisition Notifications: 3-Judge Bench To Examine Whether Such Challenge Can Be Entertained [Read Order]

Live Law  

We are of the view that delay and laches may be a bar to challenge to the acquisition after 27 years, the bench observed.The Supreme Court, in Union of India vs. Gopaldas Bhagwan Das, has referred to the larger bench the question whether the high court can entertain the plea challenging land acquisition notification when there is a delay of …

Purchaser Of Land Subsequent To Initiation Of Acquisition Proceedings Can't Challenge It, At Best Can Claim Compensation, Reiterates Allahabad HC
7 years, 2 months ago

Purchaser Of Land Subsequent To Initiation Of Acquisition Proceedings Can't Challenge It, At Best Can Claim Compensation, Reiterates Allahabad HC

Live Law  

The Allahabad High Court has directed the Additional District Magistrate, Ghazipur, to decide within two months the claim of compensation made by a man whose land had been acquired for the purpose of national highways while reiterating that a person who purchases a land subsequent to initiation of acquisition proceedings has no locus to challenge the said proceedings.A bench of …

Purchaser Of Land Subsequent To Initiation Of Acquisition Proceedings Can't Challenge It, At Best Can Claim Compensation, Reiterates Allahabad HC
7 years, 2 months ago

Purchaser Of Land Subsequent To Initiation Of Acquisition Proceedings Can't Challenge It, At Best Can Claim Compensation, Reiterates Allahabad HC

Live Law  

The Allahabad High Court has directed the Additional District Magistrate, Ghazipur, to decide within two months the claim of compensation made by a man whose land had been acquired for the purpose of national highways while reiterating that a person who purchases a land subsequent to initiation of acquisition proceedings has no locus to challenge the said proceedings.A bench of …

Should Land Acquisition Proceedings Lapse If Landowners Refuse To Accept Compensation? SC Refers Question To Larger Bench [Read Judgment]
7 years, 3 months ago

Should Land Acquisition Proceedings Lapse If Landowners Refuse To Accept Compensation? SC Refers Question To Larger Bench [Read Judgment]

Live Law  

The Supreme Court, on Thursday, referred to a larger Bench the question of applicability of Section 24 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.The Court was hearing an Appeal filed by the Indore Development Authority in the case concerning the land acquisition proceedings pertaining to the land acquired for. The Supreme …

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. …

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