Supreme Court of India Judgements

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Category: Land Acquisition

Land Acquisition

Land Acquisition – When the matter relates to the payment of amount of compensation to the land losers, if at all two views are possible, the view that advances the cause of justice is always to be preferred rather than the other view, which may draw its strength only from technicalities.

Oct 8, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH KAZI MOINUDDIN KAZI BASHIRODDIN AND OTHERS — Appellant Vs. THE MAHARASHTRA TOURISM DEVELOPMENT CORPORATION, THROUGH ITS SENIOR REGIONAL MANAGER REGIONAL OFFICE, MTDC, AURANGABAD, MAHARASHTRA…

Land Acquisition

Land Acquisition Case – In a democratic society governed by the rule of law, the rights of an individual carry immense importance and are the foundational blocks on which our legal, social, and political milieu thrives – Under no circumstances should the rights of individual citizens be trodden upon arbitrarily and any curtailment of them must be scrutinized with utmost care.

Sep 12, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH DR. ABRAHAM PATANI OF MUMBAI AND ANOTHER — Appellant Vs. THE STATE OF MAHARASHTRA AND OTHERS — Respondent ( Before : Surya Kant and…

Land Acquisition

Maharashtra Regional Town Planning Act, 1966 HELD Respondent No. 2 validly exercised its powers under the MMC Act to direct the acquisition of the Appellants’ land. The argument by the Appellants that the MRTP Act maintains supremacy over the MMC Act is not the correct position of law, in our opinion, and the two statutes exist side-by-side with some degree of overlap. The powers under the MMC Act remain intact even in cases where they cover a subject that is also provided for in the MRTP Act.

Sep 4, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH DR. ABRAHAM PATANI OF MUMBAI AND ANOTHER — Appellant Vs. THE STATE OF MAHARASHTRA AND OTHERS — Respondent ( Before : Surya Kant and…

Land Acquisition

Compensation – Lapse of acquisition proceedings – There is no lapse of acquisition proceedings under Section 24(2) of the 2013 Act, the land which has stood vested with continues to do – Also, there is no question of payment of any compensation in respect of the suit land as per the Act, 2013 –

Aug 30, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH UNION OF INDIA AND ANOTHER — Appellant Vs. SUBHASH CHANDER SEHGAL AND OTHERS — Respondent ( Before : M. R. Shah and B.V. Nagarathna,…

Land Acquisition

It appropriate and proper to remand the matter to the High Court to consider the writ petition afresh and after giving an opportunity to Nagar Panchayat herein to file additional counter affidavit along with supporting documents and thereafter to give the opportunity to the original writ petitioners to rebut the same.

Aug 14, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH SHIRDI NAGAR PANCHAYAT, SHIRDI — Appellant Vs. APPASAHEB NARAYAN CHAUDHARI AND OTHERS — Respondent ( Before : M.R. Shah and B.V. Nagarathna, JJ. )…

Land Acquisition

State of Haryana withdrew from acquisition declared as mala fide and inoperative HELD the land transfers are invalidated all transfers effected from the date of publication of the notification under Section 4, to the date of publication of the State’s decision to revoke the acquisition i.e., from 27.08.2004 to 29.01.2010 .

Jul 22, 2022 sclaw

SUPREME COURT OF INDIA FULL BENCH RAMESHWAR AND OTHERS — Appellant Vs. STATE OF HARYANA AND OTHERS — Respondent ( Before : Uday Umesh Lalit, S. Ravindra Bhat and Pamidighantam…

Land Acquisition

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 – HELD The period of subsistence of interim orders passed by court has to be excluded

Jul 3, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH AGRA DEVELOPMENT AUTHORITY, AGRA — Appellant Vs. ANEK SINGH AND OTHERS — Respondent ( Before : M.R. Shah and B.V. Nagarathna, JJ. ) Civil…

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