Category: Land Acquisition

Once the acquisition under Land Acquisition Act 1894 continues to be valid, the claimant is disentitled to claim compensation in terms of the Right to Fair Compensation Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 which was not applicable to the acquisition.

SUPREME COURT OF INDIA DIVISION BENCH DELHI DEVELOPMENT AUTHORITY — Appellant Vs. JAGAN SINGH & OTHERS — Respondent ( Before : Abhay S. Oka and Sanjay Karol, JJ. ) Civil…

National Highways Authority Act, 1956 – Section 3H – When it comes to resolving the dispute relating to apportionment of the amount determined towards compensation, it is only the Principal Civil Court of original jurisdiction which can do so – Principal Civil Court means the Court of the District Judge.

SUPREME COURT OF INDIA DIVISION BENCH VINOD KUMAR AND OTHERS — Appellant Vs. DISTRICT MAGISTRATE MAU AND OTHERS — Respondent ( Before : B.R. Gavai and J.B. Pardiwala, JJ. )…

Land Acquisition Act, 1894 – Section 4 – Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 – Section 24(2) – Subsequent buyer of the property after issuance of the notification under Section 4 the 1894 Act has no locus to invoke Section 24(2) of the 2013 Act.

SUPREME COURT OF INDIA DIVISION BENCH GOVERNMENT OF NCT OF DELHI — Appellant Vs. RAVINDER KUMAR JAIN AND OTHERS — Respondent ( Before : Abhay S. Oka and Rajesh Bindal,…

Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 – Section 24(2) – Lapse of acquisition proceedings – Subsequent purchaser has no locus to challenge the acquisition and/or pray for deemed lapse of acquisition.

SUPREME COURT OF INDIA DIVISION BENCH DELHI DEVELOPMENT AUTHORITY — Appellant Vs. NARENDRA KUMAR JAIN AND OTHERS — Respondent ( Before : M.R. Shah and Ahsanuddin Amanullah, JJ. ) Civil…

Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 – Section 24(2) – Acquisition proceedings Lapse by High Court – Possession could not be taken due to stay order/pending litigation, the matters are required to be remanded to the High Court to decide the writ petitions afresh in accordance with law.

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

Amount of compensation was deposited with the Reference Court in term of Section 30/31 of the 1894 Act HELD one of the conditions being satisfied, the order passed by the High Court cannot be legally sustained whereby the acquisition has been held to have lapsed in terms of Section 24(2) of the 2013 Act.

SUPREME COURT OF INDIA DIVISION BENCH DELHI DEVELOPMENT AUTHORITY — Appellant Vs. ANITA SINGH AND OTHERS — Respondent ( Before : Abhay S. Oka and Rajesh Bindal, JJ. ) Civil…

Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 – Section 24(2) – Lapse of acquisition proceedings – if one of the two ingredients of Section 24(2) of the Act, 2013 is not met, there shall not be any deemed lapse of acquisition under Section 24(2) of the Act, 2013.

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

Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 – Section 24(2) – Lapse of acquisition proceedings – Appeal against – possession of the land in question was taken over on 14.07.1987, there shall not be any deemed lapse of acquisition as observed and held by the High Court. Under the circumstances, the impugned judgment and order passed by the High Court is unsustainable – Appeal allowed.

SUPREME COURT OF INDIA DIVISION BENCH LAND ACQUISITION COLLECTOR (SOUTH) — Appellant Vs. HARI CHAND AND ANOTHER — Respondent ( Before : M.R. Shah and Ahsanuddin Amanullah, JJ. ) Civil…

Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 – Section 24(2) – Lapse of acquisition proceedings – Appeal against – – the possession of the land in question was taken over on 21.04.2006, there shall not be any deemed lapse of acquisition as observed and held by the High Court. Under the circumstances, the impugned judgment and order passed by the High Court is unsustainable – Appeal allowed.

SUPREME COURT OF INDIA DIVISION BENCH DELHI DEVELOPMENT AUTHORITY — Appellant Vs. SHIV RAJ AND OTHERS — Respondent ( Before : M.R. Shah And Ahsanuddin Amanullah, JJ. ) Civil Appeal…