Category: Land Acquisition

Vedanta University case – Land Acquisition Act, 1894 – Section 4(1) and 6 – Acquisition of lands – it is required to be noted that the lands to be acquired are agricultural lands belonging to 6000 families and their only source of livelihood is on the agricultural lands, which cannot be compensated in terms of money, therefore, the proposal made now has to be rejected outright.

SUPREME COURT OF INDIA DIVISION BENCH ANIL AGARWAL FOUNDATION ETC. ETC. — Appellant Vs. STATE OF ORISSA AND OTHERS — Respondent ( Before : M.R. Shah And Krishna Murari, JJ.…

Lapse of acquisition proceedings – Impugned judgments and orders passed by the High Court declaring that the acquisition with respect to the lands in question are deemed to have lapsed under section 24(2) of the Act, 2013 are hereby quashed and set aside – Matter remanded

SUPREME COURT OF INDIA DIVISION BENCH HARYANA STATE INDUSTRIAL AND INFRASTRUCTURE DEVELOPMENT CORPORATION LTD. (HSIIDC) & OTHERS — Appellant Vs. M/S HONEYWELL INTERNATIONAL (INDIA) PVT. LTD. — Respondent ( Before…

Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 – Section 24(2) – Lapse of acquisition proceedings – 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.

SUPREME COURT OF INDIA DIVISION BENCH LAND AND BUIILDING DEPARTMENT THROUGH SECRETARY AND ANOTHER — Appellant Vs. ATTRO DEVI AND OTHERS — Respondent ( Before : Abhay S. Oka and…

Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 – Section 24(2) – Once there shall be no deemed lapse of acquisition under Section 24(2) of the Act, 2013, the original writ petitioner shall not be entitled to the compensation as per the Act, 2013.

SUPREME COURT OF INDIA DIVISION BENCH NATIONAL CAPITAL TERRITORY OF DELHI AND OTHERS — Appellant Vs. SUBHASH CHANDER KHATRI AND OTHERS — Respondent ( Before : M.R. Shah and C.T.…

Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 – Section 24(2) – Lapse of Acquisition proceedings – 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.

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

HELD High Court has committed a very serious error in setting aside the consent award on the aforesaid ground. The consent award under Section 11 of the Act, 1894 ought not to have been set aside in the manner in which it is set aside. The High Court has not at all properly appreciated and considered the conduct on the part of the land owner

SUPREME COURT OF INDIA DIVISION BENCH STATE OF GUJARAT AND OTHERS — Appellant Vs. JAYANTIBHAI ISHWARBHAI PATEL — Respondent ( Before : M.R. Shah and Manoj Misra, JJ. ) Civil…

Applying the law laid down by this Court in the case of Indore Development Authority vs. Manoharlal and Ors., (2020) 8 SCC 129 to the facts of the case on hand and more particularly, when even the original writ petitioner also admitted that the possession of the land in question was taken on 22.09.1997, there shall not be any deemed lapse under Section 24(2) of the Act, 2013 – Appeal allowed.

SUPREME COURT OF INDIA DIVISION BENCH UNION OF INDIA THROUGH LAND ACQUISITION COLLECTOR — Appellant Vs. RAJESH KUMAR AND OTHERS — Respondent ( Before : M.R. Shah and Manoj Misra,…

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