Land Acquisition Mere amendment in property cards of City Survey Office mutating names of petitioners does not create title–Nothing on record to show delivery of possession to them by receiver–Acquisition proceedings, held, not bad for want of notice–Maharashtra Regional and Town Planning Act, 1996, Sections 83(3) and 86(2). June 13, 2021 sclaw
Land Acquisition Market value – Determination – Rate of price escalation – for determining the market value of a land acquired in 1992, adopting the annual increase method with reference to a sale or acquisition in 1970 or 1980 may have many pitfalls. This is because, over the course of years, the “rate” of annual increase may itself undergo drastic change apart from the likelihood of occurrence of varying periods of stagnation in prices or sudden spurts in prices affecting the very standard of increase. April 11, 2021 sclaw
Land Acquisition Land Acquisition Act, 1894 – Section 4 – Acquisition proceedings – Re-notification – If land already stands acquired by Government and if the same stands vested in Government there is no question of acquisition of such a land by issuing a second notification for the Government cannot acquire its own land – February 2, 2021 sclaw
Land Acquisition Original claimants are permitted to withdraw 25% of the enhanced amount of compensation, as awarded together with proportionate interest and cost, without furnishing any security and the balance 75% together with proportionate cost and interest, as awarded is permitted to be invested in a fixed deposit in any nationalised bank with cumulative interest, it will meet the end of justice and take care of the interest of both the parties. January 5, 2021 sclaw
Land Acquisition Appellants pleaded fraud on part of Gaon Sabha in support of appeal and sought reversal of High Court judgement in RSA. HELD It is fairly well settled that fraud has to be pleaded and proved. More so, when a judgment and decree passed earlier by the competent court is questioned, it is necessary to plead alleged fraud by necessary particulars and same has to be proved by cogent evidence. Appeal dismissed August 14, 2020August 14, 2020 sclaw
Land Acquisition Gujarat Urban Land (Ceiling and Regulation) Act, 1976 – Sections 6, 9, 10, 10(5) and 20(1)(a) – Physical possession – The settled legal position that it is difficult to take physical possession of the land under compulsory acquisition – HELD Subsequent thereto, the retention of possession would tantamount only to illegal or unlawful possession.HELD that the writ petition filed in the year 2001 by the appellants with limited relief of questioning the Possession Panchnama dated 20.3.1986, suffered from laches. May 8, 2020 sclaw
Land Acquisition Land Acquisition Act, 1984 – Sections 4, 6 and 11 – Deduction – Since the land was acquired for the construction of Hiwra Dam project, much of the development like in the case of a layout for housing colony is not required – 40% deduction made by the High Court appears to be on the higher side March 18, 2020 sclaw
Land Acquisition Provisions Of Any Law Seeking To Divest Any Person From The Rights In Property Have To Be Strictly Followed: SC HELD “Even though rights in land are no more a fundamental right, still it remains a constitutional right.” March 8, 2020March 8, 2020 sclaw
Land Acquisition Land Acquisition : No Lapse Of Proceedings Under Old Act If Compensation Is Deposited In Treasury ; SC 5-Judge Bench Upholds Indore Development Authority Decision March 8, 2020 sclaw
Land Acquisition State Cannot Be Permitted To Perfect Title By Adverse Possession To Grab Property Of Its Own Citizens HELD Forcible dispossession from property without following legal process is violative of human right and constitutional right. January 8, 2020 sclaw
