Category: Land Acquisition

Applying the law laid down by this Court in the case of Indore Development Authority to the facts of the case on hand, the High Court has materially erred in declaring that the acquisition proceedings with respect to the entire land i.e., 15 bigha 18 biswa are deemed to have lapsed is unsustainable – Appeal allowed

SUPREME COURT OF INDIA DIVISION BENCH LAND ACQUISITION COLLECTOR — Appellant Vs. JAI PRAKASH TYAGI AND OTHERS — Respondent ( Before : M.R. Shah and C.T. Ravikumar, JJ. ) Civil…

Land Acquisition Act, 1894 – Sections 4 and 6 – when the entire acquisition proceedings have been concluded including declaration of the award, passing of the award and the payment of the compensation, the acquisition with respect to the said land which is required for widening of the road ought not to have been quashed

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

Twin conditions – For the purpose of lapsing the acquisition under Section 24(2) of the Act, 2013, the twin conditions namely, not taking the possession and not paying the compensation have to be satisfied and if one of the conditions is not satisfied there shall not be any lapse of the acquisition.

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

Land Acquisition Act, 1894 – Section 25 – Determination of compensation – the sale deed is dated 2.11.2006 and the acquisition of the same villages commenced vide notification dated 30.06.2005 and therefore the sale deed after the first notification dated 30.06.2005 could not have been the basis for assessing/determining the compensation with respect to the subsequent acquisition – On the contrary, giving 8 to 12 percent cumulative increase on the amount of compensation awarded for the land acquired vide notification dated 30.06.2005, would be a safe and guiding factor.

Docid # IndLawLib/1602681   SUPREME COURT OF INDIA DIVISION BENCH HARYANA STATE INDUSTRIAL & INFRASTRUCTURE DEVELOPMENT CORPORATION LIMITED AND OTHERS — Appellant Vs. SATPAL AND OTHERS ETC. ETC. — Respondent…

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