February 2020

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’

By | February 23rd, 2020|Land Acquisition|

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August 2018

Land Acquisition—Notification—Civil Court has no jurisdiction to decide the validity of the acquisition notification & proceedings arising there from.

By | August 6th, 2018|Land Acquisition|

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July 2018

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

By | July 21st, 2018|Land Acquisition|

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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|

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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|

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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|

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April 2018

Section 11, Section 25, Section 4, Section 9 Motor Vehicles Act, 1988 – Section 166 Land Acquisition—Compensation—More than claimed can be awarded by court to award just and fair compensation.

By | April 22nd, 2018|Land Acquisition|

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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|

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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|

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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|

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October 2017

Land Acquisition—Notification for multiplication factor not issued under 2013 Act—Mere instructions cannot be considered as compliance to the statutory requirement—Award set aside.

By | October 7th, 2017|Land Acquisition|

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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|

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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|

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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|

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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|

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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|

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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|

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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|

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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|

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