Challenge to Acquisition proceedings under Section 24 can be made also be Subsequent purchaser

Mar
7
2015


The Division Bench of Delhi High Court recently dealt with a writ petition wherein the Petitioners, who were the subsequent owners of the land which was acquired under Land Acquisition Act, 1894, filed a petition challenging the acquisition proceedings and the consequent award passed.

The Government objected to the petition on the ground that petitioners are the subsequent purchasers. Relying on the Land Acquisition Act 1894 it was argued subsequent purchasers cannot challenge the proceedings but are only entitled to seek compensation.




Amendment brought by Land Acquisition Ordinance 2014 is prospective

Feb
12
2015


The amendment in Land Acquistion  Act 2013 brought by the Ordinance of 2014  would not be applicable to those case the appeals were pending much prior to the ordinance. Ordinance in so far as insertion of proviso to the above Section by way of an amendment is prospective. 




Applicability of Section 6 of the General Clauses Act relating to effect of repeal of 1894 Act is subject to S. 24(2) of 2013 Act

Nov
3
2014


Under Section 24(2) land acquisition proceedings initiated under the 1894 Act, by legal fiction, are deemed to have lapsed where award has been made five years or more prior to the commencement of 2013 Act and possession of the land is not taken or compensation has not been paid.




Lapse of Acquisition under the L A ACT1894 does not preclued the Authorities to initiate fresh proceedings under the RFCTLARR 2013

Nov
3
2014


 Quashing of the notifications for acquisition of the land would not come in the way of the Authorities in acquiring the land of the petitioners under the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 




Acquisition proceedings shall lapse under LA ACT 2013 even if proceedings were stayed by the Court #indianlaws

Nov
3
2014


As per Section 24 of the  L A ACT 2013 it is clear that Section 24(2) of the 2013 Act does not exclude any period during which the land acquisition proceeding might have remained stayed on account of stay or injunction granted by any court.




No person can be permitted to circumvent the law by trying to invoke misplaced sympathy #indianlaws

Aug
21
2014


The subsequent purchaser cannot challenge the acquisition proceedings and that he would be only entitled to get the compensation.The provisions of the beneficial legislation cannot be permitted to be misused to the undue advantage of a person, who managed to hold on to the acquired land without any right whatsoever for years. It would amount to giving a premium on a wrong doing, which cannot be permitted.








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