Supreme Court of India Judgements

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Category: Land Acquisition

Land Acquisition

Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 – The obligation to pay is complete by tendering the amount under Section 31(1). The landowners who had refused to accept compensation or who sought reference for higher compensation, cannot claim that the acquisition proceedings had lapsed under Section 24(2) of the 2013 Act.

Dec 4, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH LAND ACQUISITION COLLECTOR (SOUTH), NEW DELHI AND ANOTHER — Appellant Vs. SURESH B. KAPUR AND OTHERS — Respondent ( Before : M.R. Shah and…

Land Acquisition

Land Acquisition Act, 1894 – The mode of taking possession under the 1894 Act and as contemplated under Section 24(2) is by drawing of inquest report/memorandum. Once award has been passed on taking possession under Section 16 of the 1894 Act, the land vests in State there is no divesting provided under Section 24(2) of the 2013 Act, as once possession has been taken there is no lapse under Section 24(2).

Dec 4, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH GOVERNMENT OF NCT OF DELHI — Appellant Vs. KRISHNA SAINI AND OTHERS — Respondent ( Before : M.R. Shah and C.T. Ravikumar, JJ. )…

Land Acquisition

Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 – The provisions of Section 24(2) providing for a deemed lapse of proceedings are applicable in case authorities have failed due to their inaction to take possession and pay compensation for five years or more before the 2013 Act came into force, in a proceeding for land acquisition pending with the authority concerned as on 1-1-2014. The period of subsistence of interim orders passed by court has to be excluded in the computation of five years.

Dec 4, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH GOVERNMENT OF NCT OF DELHI AND ANOTHER — Appellant Vs. MOHD. ZUBAIR AND ANOTHER — Respondent ( Before : M.R. Shah and C.T. Ravikumar,…

Land Acquisition

Land Acquisition, Rehabilitation and Resettlement Act, 2013 – Section 24 applies to a proceeding pending on the date of enforcement of the 2013 Act i.e. 1-1-2014. It does not revive stale and time-barred claims and does not reopen concluded proceedings nor allow landowners to question the legality of mode of taking possession to reopen proceedings or mode of deposit of compensation in the treasury instead of court to invalidate acquisition.”

Dec 4, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH GOVERNMENT OF NCT OF DELHI AND ANOTHER — Appellant Vs. KARAMPAL AND ANOTHER — Respondent ( Before : M.R. Shah and C.T. Ravikumar, JJ.…

Land Acquisition

Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 – in case possession has been taken, compensation has not been paid then there is no lapse. Similarly, if compensation has been paid, possession has not been taken then there is no lapse.

Dec 4, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH GOVERNMENT OF NCT OF DELHI AND ANOTHER — Appellant Vs. SUDESH VERMA AND ANOTHER — Respondent ( Before : M.R. Shah and C.T. Ravikumar,…

Land Acquisition

Lapse of land acquisition proceedings – – if the compensation has not been paid due to inter se dispute between the co-owners, thereafter, it will not be open for the landowners to make a grievance that once the compensation was not paid, the acquisition is deemed to have lapsed

Nov 27, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH THE SECRETARY, THE DEPARTMENT OF LAND AND BUILDING AND ORS. — Appellant Vs. ANJEET SINGH (DEAD) THROUGH LRS. AND ANOTHER — Respondent ( Before…

Land Acquisition

Acquisition of land – If there is a large tract of land under acquisition but is capable of being used for the purpose for which smaller plots are used and is situate in a fully developed area with little or no requirement of any further development to be made, there would be no need for deduction of the value.

Nov 27, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH STATE OF MADHYA PRADESH AND ANOTHER — Appellant Vs. RADHESHYAM AND OTHERS — Respondent ( Before : S. Abdul Nazeer and Krishna Murari, JJ.…

Land Acquisition

Acquisition of land – Development charge – Land owners, whose land has been utilized 40 years back, now cannot be compelled to pay the development charge for the development which has already taken place, only for a parcel of land to which they have not given compensation up to decades.

Nov 27, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH THE REVENUE DIVISIONAL OFFICER AND ANOTHER — Appellant Vs. ISMAIL BHAI AND OTHERS — Respondent ( Before : S. Abdul Nazeer and J.K. Maheshwari,…

Land Acquisition

HELD thereby the original land owners/claimants shall not be entitled to any statutory benefits including the interest payable under the Land Acquisition Act, 1894 on the enhanced amount of compensation for the period between 15.12.1993 till the respective first appeals after curing the defects were filed.

Nov 27, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH NEW OKHLA INDUSTRIAL DEVELOPMENT AUTHORITY — Appellant Vs. RAMESHWAR @ RAMESH CHANDRA SHARMA (DEAD) THROUGH LEGAL HEIR AND ANOTHER — Respondent ( Before :…

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