Category: Land Acquisition

Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 – Section 24(2) – Lapse of acquisition proceedings — The proviso to Section 24(2) of the 2013 Act is to be treated as part of Section 24(2), not part of Section 24(1)(b) – Impugned judgment and order passed by the High Court ordering lapse of the acquisition with respect to the land in question under Section 24(2) of the Act, 2013 is hereby quashed and set aside – Appeal allowed.

SUPREME COURT OF INDIA DIVISION BENCH DELHI DEVELOPMENT AUTHORITY — Appellant Vs. KRISHAN LAL ARORA AND OTHERS — Respondent ( Before : M.R. Shah and M.M. Sundresh, JJ. ) Civil…

Land Acquisition Act, 1894 – Sections 4 and 6 – Acquisition of land – When the acquisition is solely for the purpose of excavation of coal and the entire land is acquired on the basis of the estimates of the coal reserve identified and the entire land is to be mined and used and no further developmental activity is required

SUPREME COURT OF INDIA DIVISION BENCH S. SHANKARAIAH THR. GPA HOLDER AND OTHERS — Appellant Vs. THE LAND ACQUISITION OFFICER AND REVENUE DIVISIONAL OFFICER PEDDAPALI KARIMNAGAR DIST. AND OTHERS —…

Lapse of acquisition proceedings – Subsequent purchaser has no right to claim lapse of acquisition proceedings – There cannot be any lapse of acquisition under Section 24(2) of the Act, 2013 on the ground of possession could not be taken over by the authority and/or the compensation could not be deposited / tendered due to the pending litigations.

SUPREME COURT OF INDIA DIVISION BENCH DELHI DEVELOPMENT AUTHORITY — Appellant Vs. DAMINI WADHWA AND OTHERS — Respondent ( Before : M.R. Shah and M.M. Sundresh, JJ. ) Civil Appeal…

Looking to the location and the potentiality of the lands acquired and as the acquired lands were required to be used for Liquified Petroleum Gas Plant, not much development was required HELD the original landowners shall be entitled to Rs. 12,16,800/- per acre towards compensation for the lands acquired against 7,00,000 lakh per acre granted by HC.

SUPREME COURT OF INDIA DIVISION BENCH HARI RAM (DECEASED) THR. HIS LRS. AND ANOTHER — Appellant Vs. LAND ACQUISITION COLLECTOR CUM DISTRICT REVENUE OFFICER GURGAON AND OTHERS — Respondent (…

Land Acquisition Act, 1894 – Section 4 – Acquisition of land – Determination of compensation – Most of the sale deeds relied upon by the landowners are much prior to the date of Section 4 notification (ranging between 1992 to 1994) – Original landowners/claimants shall be entitled to the compensation considering the market value of the acquired land at Rs. 1,000/- per square yard.

SUPREME COURT OF INDIA DIVISION BENCH RADHEY SHAM — Appellant Vs. THE STATE OF HARYANA AND OTHERS — Respondent ( Before : M.R. Shah and C.T. Ravikumar, JJ. ) Civil…

Land Acquisition Act, 1894 – Ss 11A & 17(3A) – possession is taken after tendering and paying eighty per centum, though there is need to pass an award and requirement is to pay the balance within a reasonable time, the rigour of Section 11A of Act, 1894 will not apply – Acquisition shall not lapse

SUPREME COURT OF INDIA FULL BENCH M/S DELHI AIRTECH SERVICES PVT. LTD AND ANOTHER — Appellant Vs. STATE OF U.P AND ANOTHER — Respondent ( Before : S. Abdul Nazeer,…

Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 – Section 24(1)(a) – Under the provisions of Section 24(1)(a) in case the award is not made as on 1-1.2014, the date of commencement of the 2013 Act, there is no lapse of proceedings. Compensation has to be determined under the provision of the 2013 Act.

SUPREME COURT OF INDIA DIVISON BENCH DELHI DEVELOPMENT AUTHORITY — Appellant Vs. SHIV KUMAR AND OTHERS — Respondent ( Before : M.R. Shah and Krishna Murari, JJ. ) Civil Appeal…

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