Section 24 RFCTLARR Act- Subsequent Purchasers Cannot Seek Declaration That Land Acquisition Proceedings Have Lapsed: SC [Read Judgment]
5 years, 2 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. A Constitution bench headed by "Is This Not Maligning The Court": Justice Arun Mishra On Request For His Recusal From Hearing S.24 Land Acquisition Matter Justice Arun Mishra is currently hearing cases in which it will be settling the conflicting interpretations given to Section 24 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act. In Manav Dharam Trust, a two judge bench of Justice Kurian Joseph and Justice R. Banumathi had held that subsequent purchaser, assignee, successor in interest, power of attorney, etc., are all persons who are interested in compensation/land owners/affected persons in terms of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, and such persons are entitled to file a case for a declaration that the land acquisition proceedings have lapsed by virtue of operation of Section 24 of the Act. In Shiv Kumar vs. UoI, the Apex Court bench also comprising of Justices MR Shah and BR Gavai considered the issue whether a purchaser of the property after issuance of notification under section 4 of the Land Acquisition Act, 1894 can invoke the provisions contained in section 24 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 Justice Mishra, who authored the judgment, observed that, in Manav Dharam Trust, even the provisions of the RFCTLARR Act have not been taken into consideration, which prohibits such transactions in particular provisions of section 11, including the proviso to section 24.

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History of this topic

Right To Protect Private Property Can't Be Brushed Away Merely Due To Delay & Laches: Supreme Court Condones 21-Year Delay In Land Acquisition Case
3 weeks, 1 day ago

Right To Protect Private Property Can't Be Brushed Away Merely Due To Delay & Laches: Supreme Court Condones 21-Year Delay In Land Acquisition Case

Live Law  

The Supreme Court recently observed that while delay in approaching the court is a significant factor, the right to property of an individual cannot be defeated solely on the ground of delay and laches. The Court dismissed four appeals by the Urban Improvement Trust challenging Rajasthan High Court judgment which quashed acquisition of respondents' land under the Rajasthan Urban Improvement …

Acquisition Proceedings Initiated Under UP Awas Vikas Adhiniyam 1965, Cannot Be Held To Have Lapsed Under Land Acquisition Act, 2013: High Court
3 months, 3 weeks 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 …

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

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

Live Law  

The Supreme Court recently delivered a split verdict on whether notice must be given to possessors in a land acquisition proceeding by the acquiring authority under the Rajasthan Urban Improvement Act, when their names were not reflected in the revenue records, despite being in possession of the land. The appeal was filed against an order of the Rajasthan High Court …

HC Demands all Records of Land Acquisition for Colony in Gajwel
1 year, 5 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 …

Land Acquisition | After Taking Possession, Land Vests With State; Any Person Retaining Possession After That Is A Trespasser : Supreme Court
1 year, 8 months ago

Land Acquisition | After Taking Possession, Land Vests With State; Any Person Retaining Possession After That Is A Trespasser : Supreme Court

Live Law  

The Supreme Court set aside an order passed by the Delhi High Court which held that since the compensation was not paid to the landowners, the acquisition of the land in question was lapsed in view of Section 24 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. While relying upon the judgment …

RFCTLARR Act - Owner Cannot Pray For Lapse Of Land Acquisition After Refusing To Accept Compensation : Supreme Court
1 year, 9 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 …

Petition Under Article 32 To Challenge A Binding Judgment Not Maintainable : Supreme Court
1 year, 10 months ago

Petition Under Article 32 To Challenge A Binding Judgment Not Maintainable : Supreme Court

Live Law  

The Supreme Court has held that a petition filed under Article 32 to challenge a binding judgment passed by the Court is not maintainable.A bench led by Chief Justice of India DY Chandrachud made this observation while dismissing a petition which sought to declare that the judgment in Indore Development Authority vs. Manoharlal was not a good law and overrule …

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 …

Subsequent Purchaser Has No Right to Claim Lapse of Land Acquisition Proceedings U/s 24 RFCTLARR : Supreme Court
2 years, 2 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, …

Sec 24(1) RFCTLARR Act- Land Acquisition Proceedings Get "Initiated" From Publication Of Sec 4(1) Notification Under 1894 Act : Supreme Court
2 years, 5 months ago

Sec 24(1) RFCTLARR Act- Land Acquisition Proceedings Get "Initiated" From Publication Of Sec 4(1) Notification Under 1894 Act : Supreme Court

Live Law  

In a judgment delivered on Thursday, the Supreme Court explained the meaning of 'Initiation' for the purpose of Section 24 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.The proceedings under the Land Acquisition Act, 1894, shall be treated as initiated on publication of a notification under Section 4. The proceedings under the …

Subsequent Purchaser After Issuance Of Notification Under Land Acquisition Act Can't Challenge Acquisition Proceedings: Madras High Court
2 years, 6 months ago

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

Live Law  

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

Land Acquisition | Right To Property Is A Valuable Right, State Cannot Deny Compensation Merely On The Ground Of Delay: Calcutta HC
2 years, 7 months ago

Land Acquisition | Right To Property Is A Valuable Right, State Cannot Deny Compensation Merely On The Ground Of Delay: Calcutta HC

Live Law  

The Calcutta High Court has recently observed that since the right to property is a valuable right guaranteed under Section Article 300A of the Constitution of India, merely on the ground of delay the State cannot deny its obligation to provide compensation for land acquisition. A Bench comprising Justice Arijit Banerjee and Justice Kausik Chanda was adjudicating upon an appeal …

Purchaser Has No Right To Claim Lapsing Of Land Acquisition Proceedings Under Sec 24 RFCTLARR Act : Supreme Court
2 years, 7 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 …

When Does Land Acquisition Proceedings Start Under 1894 Act For The Purposes Of Section 24(1) RFCTLARR Act? SC Continues Hearing
2 years, 8 months ago

When Does Land Acquisition Proceedings Start Under 1894 Act For The Purposes Of Section 24(1) RFCTLARR Act? SC Continues Hearing

Live Law  

The Supreme Court on Wednesday resumed hearing on a string of petitions raising the question whether the expression "proceedings" in section 24 of the 2013 Land Acquisition Act is to be reckoned from the date of notification under Section 4 of the Land Acquisition 1894 or with the date of notification under Section 6 of the old Act. On Tuesday, …

Relief Of Specific Performance In An Agreement Of Sale Will Not Be Granted If Vendor Has No Absolute Title Over Suit Schedule Property: Andhra Pradesh HC
2 years, 8 months ago

Relief Of Specific Performance In An Agreement Of Sale Will Not Be Granted If Vendor Has No Absolute Title Over Suit Schedule Property: Andhra Pradesh HC

Live Law  

The Andhra Pradesh High Court in a recent judgment held that an agreement of Sale cannot be decreed to be performed if the seller did not have absolute right and title over the suit schedule property in view of Section 17 of the Specific Relief Act, 1963. Brief Facts of the Case The plaintiff filed the suit seeking specific performance …

Whether Auction Purchasers In Pursuance Of Decree Will Have Preferential Right Over Purchaser Of Mortgaged Property Under SAFRAESI? Supreme Court To Consider
2 years, 11 months ago

Whether Auction Purchasers In Pursuance Of Decree Will Have Preferential Right Over Purchaser Of Mortgaged Property Under SAFRAESI? Supreme Court To Consider

Live Law  

The Supreme Court recently agreed to consider as to whether auction purchasers in pursuance of a decree will have a preferential right qua the mortgage property or not. Case Before Madras High Court The issue before the bench for consideration was whether the sale in favor of the M/S Arc Investments Castings LLP under the SARFAESI Act in respect of …

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 …

Land Acquisition Act 1894 -Section 17(4) Notification Liable To Be Quashed If State Fails To Show Exceptional Circumstances Justifying Urgency : Supreme Court
3 years, 1 month ago

Land Acquisition Act 1894 -Section 17(4) Notification Liable To Be Quashed If State Fails To Show Exceptional Circumstances Justifying Urgency : Supreme Court

Live Law  

The Supreme Court has held that the urgency clause under Section 17 of the Land Acquisition Act 1894 can be invoked only in exceptional circumstances.Section 17 of the Land Acquisition Act 1894 gives power to the land acquisition authorities to take immediate possession of the land before the proceedings related to award of compensation are over. The Supreme Court has …

Sec 40 RERA - Homebuyers Entitled To Recover Amount Invested Along With Interest As Land Revenue Arrears From Builder : Supreme Court
3 years, 1 month ago

Sec 40 RERA - Homebuyers Entitled To Recover Amount Invested Along With Interest As Land Revenue Arrears From Builder : Supreme Court

Live Law  

The Supreme Court in its judgment delivered on Thursday had, inter alia, held that the amount invested by the allottees, which is often their life savings, along with the interest thereon as quantified by the regulatory authority or the adjudicating officer can be recovered as arrears of land revenue by them from the builders, under Section 40 of the Real …

Land Acquisition | 2 Year Period For Lapse Of Proceedings Under 1894 Act Won't Apply After Notification Of 2013 Act : Supreme Court
3 years, 1 month 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 …

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. …

[Land Acquisition] "The Constitution Bench Judgment Left Some Questions Unsaid, Requires Examination": CJI SA Bobde
4 years, 3 months ago

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

Live Law  

The Supreme Court on Monday orally remarked that the Constitutional Bench judgment on Land Acquisition left certain questions unsaid and required examination.A bench of Chief Justice SA Bobde, Justices AS Bopanna & V. Ramasubramaniun said that there were some questions which were required to be discussed and some aspects were left. The Supreme Court on Monday orally remarked that the …

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, 4 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 …

Section 24 Of New Land Acquisition Act 2013
4 years, 8 months ago

Section 24 Of New Land Acquisition Act 2013

Live Law  

Right to Fair Compensation Act 2013 In this article I propose to deal with interpretation of Sec 24 of the Act, with particular emphasis on its impact on pending proceedings. Question 1 Whether the concept of statutory deemed lapsing of Acquisition Proceedings under Sec 24 of the Act 30/2013, which are commenced under Land Acquisition Act of 1894 for non-fulfillment …

Section 24 of 2013 Land Acquisition Act: A Series Of Misplaced Interpretations
4 years, 9 months ago

Section 24 of 2013 Land Acquisition Act: A Series Of Misplaced Interpretations

Live Law  

Introduction In IndoreDevelopment Authority v Manoharlal & Ors., delivered by a Constitution Bench of the Supreme Court on 06.03.2020, the Apex Court has sought to put to rest a controversy that arose in the interpretation of Section 24 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. We analyze Section 24 of the …

Land Acquisition Judgment : Puzzling Questions Left By A Strained Interpretation
4 years, 9 months ago

Land Acquisition Judgment : Puzzling Questions Left By A Strained Interpretation

Live Law  

Through its judgment in the case Indore Development Authority vs Manoharlal & others, the Constitution Bench of the Supreme Court has brought to life the once aborted attempt of the Central Government to amend Section 24 of the new land acquisition law.The interpretation given by the Court to this provision of the Right to Fair Compensation and Transparency in Land. …

Land Acquisition Proceedings Cannot Be Held Null And Void Only Because Notice Was Not Issued: Bombay HC [Read Judgment]
4 years, 10 months 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- …

SC Constitution Bench Reserves Orders On Plea For Recusal Of Justice Arun Mishra From Land Acquisition Matters
5 years, 2 months ago

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

Live Law  

The Constitution Bench of the Supreme Court on Wednesday reserved orders on the plea for recusal of Justice Arun Mishra from hearing the matters related to interpretation of Section 24 of the Right to Fair Compensation, Transparency in Land Acquisition and Rehabilitation and Resettlement Act 2013.The bench said that it will pronounce orders on October 23.This was after a day …

Farmers Association Takes Objection To Justice Arun Mishra Heading Constitution Bench For Land Acquisition Matters
5 years, 2 months ago

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

Live Law  

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

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