Category: Land Acquisition

Land Acquisition Act, 1894 — Section 4 and 6 — Compensation for acquired land — Challenge to compensation awarded by High Court — Supreme Court upholds High Court’s decision based on a previous judgment dealing with the same acquisition and village — Appellant denied further enhancement.

2026 INSC 593 SUPREME COURT OF INDIA DIVISION BENCH GOPALA AGRI FARMS PVT. LTD. Vs. THE STATE OF HARYANA AND OTHERS ( Before : Surya Kant, CJI. and Nongmeikapam Kotiswar…

Maharashtra Regional and Town Planning Act, 1966 (MRTP Act) — Section 126(1)(b) — Transferable Development Rights (TDR) — Compensation for land acquisition reserved for public purpose — Landowner entitled to TDR against land surrendered and ‘further’ TDR for development of amenity on the surrendered land — Corporation’s argument that agreements (LOI, Undertaking, Maintenance Agreement) waived landowner’s right to claim additional amenity TDR rejected — Held, statutory rights cannot be derogated from by executive circulars or agreements.

2026 INSC 517 SUPREME COURT OF INDIA DIVISION BENCH BRIHANMUMBAI MUNICIPAL CORPORATION AND OTHERS Vs. VIJAY NAGAR APARTMENTS AND OTHERS ( Before : J.K. Maheshwari and Atul S. Chandurkar, JJ.…

National Highways Act, 1956 — Section 3A(1) and 3G(1) — Compensation — Applicability of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (2013 LA Act) — Held that provisions of 2013 LA Act regarding determination of compensation apply to land acquisition under NH Act.

2026 INSC 480 SUPREME COURT OF INDIA DIVISION BENCH PROJECT DIRECTOR, NATIONAL HIGHWAYS AUTHORITY OF INDIA Vs. ALFA REMIDIS LTD. AND OTHERS ( Before : Sanjay Kumar and K. Vinod…

Land Acquisition and Development — Public Purpose De-reservation — Subject land originally earmarked for High School was de-reserved by competent authority due to insufficient area; subsequent sale to private individuals was upheld by civil courts and its finality was not challenged.

2026 INSC 389 SUPREME COURT OF INDIA DIVISION BENCH PAWAN GARG AND OTHERS Vs. SOUTH DELHI MUNICIPAL CORPORATION ( Before : Vikram Nath and Sandeep Mehta, JJ. ) Civil Appeal…

National Highways Act, 1956 — Amendments and compensation provisions — Section 3-J introduced in 1997 removed applicability of Land Acquisition Act, 1894 (1894 Act) provisions for solatium and interest — Overturned by various High Courts, including reading down Sections 3-G and 3-J to grant solatium and interest — Subsequently, Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (2013 Act) and its amended provisions extended to NH Act — Court clarified that landowners acquired lands under NH Act between 1997 and 2015 are entitled to solatium and interest — Review Petition filed by NHAI arguing financial burden was underestimated rejected, but clarification on delayed claims issued.

2026 INSC 291 SUPREME COURT OF INDIA DIVISION BENCH NATIONAL HIGHWAYS AUTHORITY OF INDIA Vs. TARSEM SINGH AND OTHERS ( Before : Surya Kant, CJI and Ujjal Bhuyan, J. )…

Land Acquisition Act, 1894 — Section 28-A — Re-determination of compensation — Second application for re-determination based on High Court award maintainable even after accepting compensation based on Reference Court award — Principle of merger means appellate court’s award supersedes earlier award, entitling landowners to benefit from higher compensation — Object of Section 28-A is to ensure equality in compensation among similarly placed landowners.

2026 INSC 293 SUPREME COURT OF INDIA DIVISION BENCH ANDANAYYA AND OTHERS Vs. DEPUTY CHIEF ENGINEER AND OTHERS ( Before : M. M. Sundresh and Nongmeikapam Kotiswar Singh, JJ. )…

Land Acquisition — Setting aside of award — Grounds for — Excessive compensation, unjust enrichment, collusion with officials — Impact on entire acquisition — Held, setting aside an award for excessive compensation due to unjust enrichment and collusion does not automatically invalidate the entire acquisition award concerning all landowners.

2026 INSC 86 SUPREME COURT OF INDIA DIVISION BENCH NIRAJ JAIN Vs. COMPETENT AUTHORITY-CUM-ADDITIONAL COLLECTOR, JAGDALPUR AND OTHERS ( Before : Sanjay Kumar and K. Vinod Chandran, JJ. ) Civil…

Haryana Development and Regulation of Urban Areas Act, 1975 — Section 3(3A) — Amendment Act, 2020 — Retrospective validation of actions — Power to grant license includes power to modify, suspend, revoke, or delicense — Delicensing of land for commercial purposes after it was initially licensed for residential use is permissible.

2026 INSC 77 SUPREME COURT OF INDIA DIVISION BENCH RAJ SINGH GEHLOT AND OTHERS Vs. AMITABHA SEN AND OTHERS ( Before : J.B. Pardiwala and Sandeep Mehta, JJ. ) Civil…

Land Acquisition Act, 1894 — Section 18 — Maharashtra Industrial Development Act, 1961 — Compensation — Enhancement of — While determining market value, the highest bona fide sale exemplar should generally be considered, not an average of varying sale prices, unless prices have only marginal variations — Averaging of sale instances with significantly different prices is impermissible. Section 51A — Evidence — Certified copies of sale deeds have presumptive value as evidence of the transaction recorded therein — If the state does not produce rebuttal evidence, these documents can be relied upon to determine market value.

2025 INSC 900 SUPREME COURT OF INDIA DIVISION BENCH MANOHAR AND OTHERS Vs. THE STATE OF MAHARASHTRA AND OTHERS ( Before : B.R. Gavai, CJI and Augustine George Masih, JJ.…

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