Land Acquisition While maintaining the acquisition proceedings, the High Court granted a substantial relief to the land owners by directing payment of compensation under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 which is higher than the compensation payable under the Land Acquisition Act, 1894 – This approach cannot be faulted. May 15, 2022 sclaw
Land Acquisition Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 – Section 24(2) – Acquisition proceedings – Subsequent purchaser is not entitled to claim lapsing of the proceedings under the 2013 Act. May 15, 2022 sclaw
Land Acquisition Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 – Section 24 – Additional amount of penal interest must be paid in place of shifting the date for determination of the amount of compensation or to determine the compensation as per 2013 Act. May 15, 2022 sclaw
Land Acquisition Determination of market value – Held, Though appreciation in price can be presumed, but the market value cannot be assessed by applying suitable deduction in the market value of the land acquired by a subsequent notification. May 8, 2022 sclaw
Land Acquisition HELD the ground on which the High Court had allowed the review applications was thereafter not available. Under the circumstances, and in view of the subsequent development, which was even pointed out to the High Court while filing the recall application being CMA No. 23091/2017, the order(s) passed by the High Court in Review Petition Nos. 309/2008 and 310/2008 deserve(s) to be quashed and set aside. All appeals allowed. April 24, 2022 sclaw
Land Acquisition Land Acquisition Act, 1894 – Section 18 – Maharashtra Industrial Development Act, 1961 – Sections 32(2) and 34 – Acquisition of land – Enhancement of compensation – Future use of the acquired land cannot be the main criteria to determine the compensation for the lands acquired April 23, 2022 sclaw
Land Acquisition Land Acquisition Act, 1894 – Section 4 – Determination of compensation – Generally the sale instances with respect to small plots/parcels of land are not comparable to a large extent of land for the purpose of determining the compensation. April 10, 2022 sclaw
Land Acquisition Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 – Section 24(2) – Lapse of Acquisition proceedings – In case a person has been tendered the compensation as provided under Section 31(1) of the 1894 Act, it is not open to him to claim that acquisition has lapsed under Section 24(2) due to nonpayment – The period of subsistence of interim orders passed by court has to be excluded in the computation of five years. April 9, 2022 sclaw
Land Acquisition Maharashtra Regional and Town Planning Act, 1966 – Sections 31(6) and 126 -The land owner cannot be deprived of the use of the land for years together. Once an embargo has been put on a land owner not to use the land in a particular manner, the said restriction cannot be kept open-ended for indefinite period – Appeal allowed. March 30, 2022 sclaw
Land Acquisition Land owners having had the benefit of interim orders granted in their favour in proceedings initiated by them against the acquisition cannot take benefit under Section 24(2) of the Act, 2013 – High Court or the civil courts which may have granted interim orders in favour of the land owners, ought to consider the aforesaid aspect before applying Section 24(2) of the Act, 2013 in favour of the land owners. March 29, 2022 sclaw
