Land Acquisition Acquisition of land – Development charge – Land owners, whose land has been utilized 40 years back, now cannot be compelled to pay the development charge for the development which has already taken place, only for a parcel of land to which they have not given compensation up to decades. November 27, 2022 phlaw
Land Acquisition Land Acquisition Act, 1894 – Section 23(1-A) and 23(2) – Compensation on account of severance is not entitled to the benefit of Section 23(1-A) and Section 23(2) of the Act August 16, 2022 phlaw
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 . July 22, 2022 phlaw
Land Acquisition Determination of market value – Held, Though appreciation in price can be presumed, but the market value cannot be assessed by applying suitable deduction in the market value of the land acquired by a subsequent notification. May 8, 2022 phlaw
Land Acquisition Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 – Section 24(1)(a) – Interpretation of -where proceedings for acquisition had been initiated under the 1894 Act but no award under Section 11 of the 1894 Act had been made, the provisions of the 2013 Act would apply limited to determination of compensation. Where, however, an award had been made under the 1894 Act, clause (b) to Section 24(1) protects the vested rights of the parties ( November 10, 2021 phlaw
Land Acquisition Land Acquisition—Market Value—Sale Instance of land in proximity of the acquired land cannot be discarded merely due to their smallness in size and due to fact that same were sold to a common buyer by closely related family members October 4, 2020 phlaw
Land Acquisition DB : Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 – Section 101 – Return of unutilised land – Provisions of Section 101 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, cannot be applied to acquisitions made under the Act of 1894. July 27, 2020 phlaw
Land Acquisition Land Acquisition—Awarded amount—Annual Increment is an additional compensation and the same has to be reckoned as part of market value of the land so as the amount of solatium and interest is payable thereon—All these components would come together to satisfy the expression ‘awarded amount’ February 23, 2020 phlaw
Land Acquisition Land Acquisition—Notification—Civil Court has no jurisdiction to decide the validity of the acquisition notification & proceedings arising there from. August 6, 2018August 6, 2018 phlaw
Land Acquisition Land Acquisition—Limitation for filing reference—Application for reference filed within limitation without details—Proper application after period of limitation—Initial request for reference treated as proper application in interest of justice July 21, 2018 phlaw
