August 2018

July 2018

May 2018

Land Acquisition Act, 1894, S.48–Release of Land—Discrimination— Development of residential areas—Nothing definite is available on record to show as to what use these portions of land will be put to in case these cannot be utilized for widening of road or maintaining green belt or it will be just left open for inviting encroachments

By | May 26th, 2018|Land Acquisition|

Comments Off on Land Acquisition Act, 1894, S.48–Release of Land—Discrimination— Development of residential areas—Nothing definite is available on record to show as to what use these portions of land will be put to in case these cannot be utilized for widening of road or maintaining green belt or it will be just left open for inviting encroachments

Land Acquisition Act, 1894, S.48—Release of Land—Discrimination—When the respondents have already released land abutting the land of the petitioners on three sides then certainly no purpose of State would be served by acquiring the land of the petitioners

By | May 23rd, 2018|Land Acquisition|

Comments Off on Land Acquisition Act, 1894, S.48—Release of Land—Discrimination—When the respondents have already released land abutting the land of the petitioners on three sides then certainly no purpose of State would be served by acquiring the land of the petitioners

Land Acquisition—Post notification sale instances—They cannot be taken into consideration even if they are few days later from date of notification.

By | May 5th, 2018|Land Acquisition|

Comments Off on Land Acquisition—Post notification sale instances—They cannot be taken into consideration even if they are few days later from date of notification.

April 2018

December 2017

Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Settlement Act,2013, S.26-Determination of Compensation–This includes compensation of the land as well as assets attached to it—Section 28 of the Act provides for factors to be considered while awarding total compensation

By | December 30th, 2017|Land Acquisition|

Comments Off on Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Settlement Act,2013, S.26-Determination of Compensation–This includes compensation of the land as well as assets attached to it—Section 28 of the Act provides for factors to be considered while awarding total compensation

Land Acquisition—Even if the objections of the appellant under S.18 were not considered that would not be a bar to seek re-determination of compensation under S.28-A.

By | December 29th, 2017|Land Acquisition|

Comments Off on Land Acquisition—Even if the objections of the appellant under S.18 were not considered that would not be a bar to seek re-determination of compensation under S.28-A.

Land Acquisition Act, 1894, S.4–Quashing of Notification-Notification was published in ‘Dainik Bhaskar’ (Hindi) Chandigarh Edition and not in Faridabad Edition, though the land is located in Faridabad, hence there was violation of provision of Section 4 (1) of the Act.

By | December 20th, 2017|Land Acquisition|

Comments Off on Land Acquisition Act, 1894, S.4–Quashing of Notification-Notification was published in ‘Dainik Bhaskar’ (Hindi) Chandigarh Edition and not in Faridabad Edition, though the land is located in Faridabad, hence there was violation of provision of Section 4 (1) of the Act.

October 2017

September 2017

Land Acquisition Act, 1894, S.18–Just Compensation-Similar situated land-lf the purpose of acquisition is same and when the lands are identical and similar though lying in different villages, there is no justification to make any discrimination between the land owners to pay more to some of the land owners and less compensation to others

By | September 28th, 2017|Land Acquisition|

Comments Off on Land Acquisition Act, 1894, S.18–Just Compensation-Similar situated land-lf the purpose of acquisition is same and when the lands are identical and similar though lying in different villages, there is no justification to make any discrimination between the land owners to pay more to some of the land owners and less compensation to others

Doctrine of Merger–Principles enumerated. Acquisition–Exemption obtained by fraud–Recalling of order by High Court after 13 years; justified.

By | September 19th, 2017|Land Acquisition|

Comments Off on Doctrine of Merger–Principles enumerated. Acquisition–Exemption obtained by fraud–Recalling of order by High Court after 13 years; justified.

July 2017

Land Acquisition–S. 101 of 2013 Act shows that it applies to acquisitions which are made under the 2013 Act and not to acquisitions which had been made under the Act prior thereto

By | July 28th, 2017|Land Acquisition|

Comments Off on Land Acquisition–S. 101 of 2013 Act shows that it applies to acquisitions which are made under the 2013 Act and not to acquisitions which had been made under the Act prior thereto

Land Acquisition Act, 1894, S.30-Apportionment of Compensation-Injunction-There is no illegality in the decree for mandatory injunction passed by the learned Courts below directing the LAC to consider the claim of the plaintiffs for making reference in terms of Section 30 of the Act

By | July 21st, 2017|Land Acquisition|

Comments Off on Land Acquisition Act, 1894, S.30-Apportionment of Compensation-Injunction-There is no illegality in the decree for mandatory injunction passed by the learned Courts below directing the LAC to consider the claim of the plaintiffs for making reference in terms of Section 30 of the Act

June 2017

Punjab Town Improvement Act, 1922, S.24 & S.28(2)–Development Scheme-­ Layout plan of development scheme for beautification of place/area is a public policy with engineering precision therefore, the petitioner cannot question the layout plan and seek direction to implement a particular layout plan is a particular manner

By | June 12th, 2017|Land Acquisition|

Comments Off on Punjab Town Improvement Act, 1922, S.24 & S.28(2)–Development Scheme-­ Layout plan of development scheme for beautification of place/area is a public policy with engineering precision therefore, the petitioner cannot question the layout plan and seek direction to implement a particular layout plan is a particular manner

Land Acquisition—Development Charges—Where no further development of any kind whatsoever is required than no cut is to be imposed towards development charges.

By | June 12th, 2017|Land Acquisition|

Comments Off on Land Acquisition—Development Charges—Where no further development of any kind whatsoever is required than no cut is to be imposed towards development charges.

Land Acquisition—Compensation—Post acquisition allottee has no locus to be heard in the matter of determination of compensation.

By | June 10th, 2017|Land Acquisition|

Comments Off on Land Acquisition—Compensation—Post acquisition allottee has no locus to be heard in the matter of determination of compensation.

Land Acquisition Act, 1894, S.11(2)–Consent Award—Once the land owner accepts the compensation as per agreement with government then it must be treated as a completely just compensation inclusive of statutory interest and solatium etc—Remedy for enhancement is also lost

By | June 6th, 2017|Land Acquisition|

Comments Off on Land Acquisition Act, 1894, S.11(2)–Consent Award—Once the land owner accepts the compensation as per agreement with government then it must be treated as a completely just compensation inclusive of statutory interest and solatium etc—Remedy for enhancement is also lost

May 2017