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 cases in which the acquiring authority has not complied with the requirement of Section 17 by tendering and paying eighty per centum of the estimated compensation before taking possession since possession in such cases cannot be considered to be taken in accordance with law and the vesting is not absolute - If the requirement is complied and possession is taken after tendering and paying eighty per centum, though there is need to pass an award and pay the balance compensation within a reasonable time, the rigour of Section 11A will not apply so as to render the entire proceedings for acquisition to lapse in the context of absolute vesting. Laxmikant v. State of Maharashtra, 2022 LiveLaw 315 : 7 SCC 252 Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013; Section 13 - Land Acquisition Act, 1894; Section 48 - Once the High Court has passed an order of lapsing of the acquisition proceedings by virtue of Section 24 of the Act, the landowners cannot revert back on the plea raised that they are entitled to seek release of land in terms of Section 48 of the Land Acquisition Act, 1894 since repealed. Delhi Development Authority v. Godfrey Phillips Ltd., 2022 LiveLaw 476 : AIR 2022 SC 2282 : 8 SCC 771 Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013; Section 24 - Land Acquisition Act, 1894; Section 11 - In a case where on the date of commencement of RFCTLARR Act, no award has been declared under Section 11 of the Act, 1894, due to the pendency of any proceedings and/or the interim stay granted by the Court, such landowners shall not be entitled to the compensation under Section 24 of 2013 Act and they shall be entitled to the compensation only under the 1894 Act - The landowners cannot be permitted to take advantage of the interim order obtained by them due to which the Authority could not declare the award under Section 11 of the Act, 1894 and thereafter contend that in that view of the matter, he/they shall be paid the compensation under Section 24 of the Act, 2013, under which a higher compensation will be available to them on determination of the compensation under the Act, 2013. Faizabad-Ayodhya Development Authority v. Dr. Rajesh Kumar Pandey, 2022 LiveLaw 504 : AIR 2022 SC 2558 Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013; Section 24 - Land Acquisition Act, 1894; Section 4 - Meaning of 'Initiation' for the purpose of Section 24 of the 2013 Act - Issuance and publication of Section 4 notification in the official gazette of the appropriate Government - When Section 24 of the 2013 Act is applicable, the proceedings shall continue as per the L.A. Act - Only for the determination of compensation amount, the provisions of the 2013 Act shall be applied.

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