Land Acquisition | S.3(H)(4) National Highways Act Enables Non-Owners Interested In Compensation To Approach Competent Authority: Punjab & Haryana HC
2 years, 9 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 Court. The observation was made while dealing with a writ in the nature of mandamus wherein the petitioners were praying to direct the competent authority-Land Acquisition Collector to refer the dispute with regard to the apportionment of the compensation to the Principal Civil Court. The bench comprising Justice Anil Kshetarpal observed that the petitioners had made an application under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. Keeping in view the aforesaid facts, the petitioners, if so advised, may apply to the competent authority under Section 3 of the National Highways Act, 1956," the order stated.

Compensation Land Acquisition National Land Acquisition Punjab Act Authority Competent Highways Haryana Hc National Highways Act  nonowners  punjab  act  national  authority  haryana  hc  s3h4  enables  acquisition  compensation  writ  highways  competent  petitioners  interested  land

History of this topic

Supreme Court Annual Digest 2024: Land Laws
1 month, 2 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 …

Karnataka High Court Upholds BDA's Land Acquisition Notifications For Construction Of Peripheral Ring Road Between Hosur And Tumakur
Trending News
2 months, 2 weeks ago

Karnataka High Court Upholds BDA's Land Acquisition Notifications For Construction Of Peripheral Ring Road Between Hosur And Tumakur

Live Law  

The Karnataka High Court has upheld the notifications issued by the Bangalore Development Authority to acquire land for construction of Peripheral Ring Road-II, between Hosur-Mysore Road and Tumakur Road. It said, “I am of the view that, as the respondent-BDA has laid road in Peripheral Ring Road for more than 80% of the project and as such, taking into consideration …

Punjab & Haryana HC Strikes Down Provision To Denotify Land Inserted By Haryana Assembly In Land Acquisition Act
2 months, 3 weeks ago

Punjab & Haryana HC Strikes Down Provision To Denotify Land Inserted By Haryana Assembly In Land Acquisition Act

Live Law  

The Punjab & Haryana High Court has struck down Section 101A inserted by Haryana assembly in the Right to Fair Compensation Transparency in Land Acquisition, Rehabilitation and Resettlement Act 2013.This provision gave state government the power to denotify a land acquired under the Land Acquisition Act 1894 if the public purpose for which the land was acquired becomes unviable. The …

Karnataka HC ruling on taxing compensation could have national impact
3 months, 1 week ago

Karnataka HC ruling on taxing compensation could have national impact

New Indian Express  

BENGALURU: A significant case pending before the Karnataka High Court could lead to a landmark ruling on the taxation of compensation for land acquired for national highway projects, potentially affecting landowners across India. The petitioner, Supriya Shetty, a businesswoman from Mangaluru, argues that tax deductions violate Section 96 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation, …

Punjab & Haryana High Court Reiterates Limited Scope For Interference U/S 34 & 37 Of Arbitration Act, Upholds Award In Land Development Dispute
4 months ago

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

Live Law  

The Punjab and Haryana High Court bench of Justices Arun Palli and Vikram Aggarwal has reiterated that the scope of interference with an arbitral award under Section 34 of the Arbitration and Conciliation Act, 1996, is narrow, and the appellate jurisdiction under Section 37 is even more circumscribed. The court upheld an arbitral award in favour of village landowners, who …

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 …

Challenge Of Compensation Under National Highways Act, 1956 Fall Under Arbitration And Conciliation Act, 1996: Rajasthan High Court
1 year ago

Challenge Of Compensation Under National Highways Act, 1956 Fall Under Arbitration And Conciliation Act, 1996: Rajasthan High Court

Live Law  

The Rajasthan High Court single bench of Justice Rekha Borana held that determination of compensation under National Highways Act, 1956 can be challenged before the arbitrator appointment by the Central Government. The High Court clarified that the Act of 1956's provisions governed the entire compensation determination process, rendering Section 64 of the Act of 2013 inapplicable to the present matter. …

Rajasthan Urban Improvement Act | Supreme Court Delivers Split Verdict On Whether Notice Of Land Acquisition Should Be Served On Possessors Whose Names Are Not Reflected In Revenue Records
1 year, 4 months ago

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

Live Law  

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

Andhra Pradesh High Court Directs State To Follow Due Process In Land Acquisition For Road Widening In Narsipatnam
1 year, 11 months ago

Andhra Pradesh High Court Directs State To Follow Due Process In Land Acquisition For Road Widening In Narsipatnam

Live Law  

The Andhra Pradesh High Court has directed the State to follow due process of law contemplated under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 in acquiring the properties of residents in Narsipatnam for the purpose of widening the road. "Till the property of the petitioners is acquired by following due process of …

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 …

"Project Is Of National Importance": Allahabad HC Dismisses Pleas Against Land Acquisition For Green National Highway Corridor Project
2 years, 10 months ago

"Project Is Of National Importance": Allahabad HC Dismisses Pleas Against Land Acquisition For Green National Highway Corridor Project

Live Law  

The Allahabad High Court recently dismissed pleas challenging land acquisition notifications of the Union Government for the purpose of widening, maintenance, management, and operation of National Highways in district Pilibhit under the Green National Highway Corridor ProjectThe Bench of Chief Justice Rajesh Bindal and Justice J. J. Munir noted that the project is for the development. The Allahabad High Court …

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 …

Land Acquisition By State For "Public Purpose" Can't Be Disputed At The Drop Of A Hat: Punjab & Haryana High Court Reiterates
2 years, 11 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 …

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 …

Bill to Fast-track Land Acquisition Passed, Amid Opposition Walkout from Haryana Assembly
3 years, 7 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 …

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, 8 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. …

Environmental Clearance Necessary Before Making Declaration Of Land Acquisition Under Section 3D Of National Highways Act : Supreme Court
4 years, 3 months ago

Environmental Clearance Necessary Before Making Declaration Of Land Acquisition Under Section 3D Of National Highways Act : Supreme Court

Live Law  

In its judgment upholding notifications for land acquisition for the Chennai-Salem eight lane expressway, the Supreme Court has observed that the declaration under Section 3D of the National Highways Act 1956 regarding acquisition of notified land, can be made only after environmental/forest clearance qua the specific land is granted.After a declaration is made. In its judgment upholding notifications for land …

Sec 3J Of National Highways Act, To The Extent It Excludes Solatium & Interest As Per Land Acquisition Act, Unconstitutional : SC [Read Judgment]
5 years, 6 months ago

Sec 3J Of National Highways Act, To The Extent It Excludes Solatium & Interest As Per Land Acquisition Act, Unconstitutional : SC [Read Judgment]

Live Law  

The Supreme Court has declared Section 3J of the National Highways Act 1956, to the extent it excludes solatium and interest as per Land Acquisition Act 1894 to acquisitions done under the NH Act to be unconstitutional. "We, therefore, declare that the provisions of the Land Acquisition Act relating to solatium and interest contained in Section 23 and and interest …

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 …

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 …

SC To Decide If Sec. 24(2) Of 2013 Land Act Applies To Pvt Firms As Farmers Challenge Gujarat HC Ruling In Favour Of RIL [Read Order]
7 years, 2 months ago

SC To Decide If Sec. 24(2) Of 2013 Land Act Applies To Pvt Firms As Farmers Challenge Gujarat HC Ruling In Favour Of RIL [Read Order]

Live Law  

The Supreme Court has issued notice on appeal filed by farmers/ land owners challenging the 2017 Gujarat High Court rule that in case of acquisition of land for private companies, Section 24 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, providing for lapse of acquisition proceedings if the land so acquired is …

Allahabad HC Upholds Acquisition Of Land For Delhi-Meerut Expressway [Read Judgment]
7 years, 3 months ago

Allahabad HC Upholds Acquisition Of Land For Delhi-Meerut Expressway [Read Judgment]

Live Law  

The Allahabad High Court, last week, upheld the acquisition of land by the State for the purpose of building the Delhi Meerut Expressway.The land for the Expressway had been identified by a notification issued in August, 2011 under Section 3A of the National Highways Act, 1956. The Allahabad High Court, last week, upheld the acquisition of land by the State …

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. …

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. …

Bombay HC Holds 30-Yr-Old Land Acquisition By Maharashtra Govt As Lapsed [Read Judgment]
8 years ago

Bombay HC Holds 30-Yr-Old Land Acquisition By Maharashtra Govt As Lapsed [Read Judgment]

Live Law  

The Bombay High Court has held the acquisition of land by Government of Maharashtra in 1986 as lapsed 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 GS Kulkarni was hearing a writ petition filed by owners of a piece of land …

How Did President Give His Assent To TN And Gujarat Acts Amending Central Land Acquisition Act, Ask Experts
8 years ago

How Did President Give His Assent To TN And Gujarat Acts Amending Central Land Acquisition Act, Ask Experts

Live Law  

Two Acts passed by the Tamil Nadu and Gujarat Legislative Assemblies, in 2015 and 2016 respectively, to amend the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation, and Resettlement Act, 2013, came in for sharp criticism at a two-day conference on ‘Land rights, Land Acquisition, and Inclusive Development in India’ which began in New Delhi. Two Acts passed …

Punjab & Haryana HC Slams Govt For Not Executing Orders In Time [Read Order]
8 years, 4 months ago

Punjab & Haryana HC Slams Govt For Not Executing Orders In Time [Read Order]

Live Law  

The Punjab and Haryana High Court has slammed the state while observing that in a large number of cases, orders passed by the writ court are not being complied with within the stipulated time frame. The court also warned that exemplary costs would be deducted from the salary of erring officials.In a case dealing with land acquisition, petitioner Delhi Fransalian …

Discover Related