After acquisition of land, an allottee cannot be taken as necessary or proper party #legalupdates

Mar
2
2017


Acquisition may either be for a “public purpose” or for a company. When land has been acquired for public purpose, land vests in State after the Collector has made an award and the possession is taken. Once the land vests in State, acquisition is complete. An allottee from the State is not concerned with the process of acquisition. State may transfer land by public auction or by allotment at any price with which the person whose land is acquired has no concern. The fact that Government chooses to determine the allotment price with reference to compensation price determined by the Court does not provide any locus to an allottee to contest the claim for enhancement of compensation. Post-acquisition, an allottee cannot be treated at par with beneficiary for whom the land was acquired and therefore is neither necessary nor a proper party in award proceedings.

Satish Kumar Gupta v. State of Haryana & Ors. 21.02.2017 Civil Appeal Nos. 1587-1636 Of 2017




State barred from setting aside acquisition upon its subsequent failure in carrying out compliance

Aug
23
2015


State barred from setting aside acquisition upon its subsequent failure in carrying out compliance with Section 11A 1894 LA Act




Effect of second provisio to Section 24(2) of 2013 Land Acquisition Act is not prospective

Feb
22
2015


The Court held that the applicability of the second Proviso to Section 24(2) of the 2013 Act could not be relied upon as it is prospective in nature and does not take away vested rights




RFCTLARR Ordinance 2014 is prospective

Feb
12
2015


When a repeal of an enactment is followed by a fresh legislation, such legislation does not affect the substantive rights of the parties on the date of suit or adjudication of suit unless such a legislation is retrospective and a court of appeal cannot take into consideration a new law brought into existance after the judgement appealed from has been rendered becasue the rights of the parties in a appeal are determined under hte law in force on the date of suit.




Period of stay granted by Court excluded from computation of 5 years from the date of award and commencement of 2013 Act

Nov
3
2014


While computing the period from the making of the award till the commencement of the 2013 Act, 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 a stay order or an injunction granted by any court.




Acquiring authority has no rights to retain land acquired where acquisition gets lapsed as per Section 24(2) of the 2013 Act

Nov
3
2014


It is always open to the appropriate government under Section 24(2), if it so chooses, to initiate proceedings for acquisition afresh in accordance with the provisions of 2013 Act. But, till that happens, the land, which is the subject matter of acquisition which has lapsed, cannot be retained by the acquiring authority or its transferee.




Mere deposit of compensation awarded in Court does not means paid unless actually tendered to the persons interested

Nov
3
2014


Unless and until the compensation is tendered to the persons interested, mere depositing of the compensation in the court would not be sufficient. Compensation cannot be regarded as having been paid merely on the deposit of the same in court unless and until it has first been offered to the person interested and he has refused to accept the same. 




An entry in the cadastral survey is not conclusive

Nov
3
2014


An entry in the cadastral survey over 100 years old with regard to nature of land is not an entry for all times in future but an entry with regard to existing state of affairs then. It does not preclude the change of nature of the land through passage of time




Whether a person who buys the property after notification for acquisition permitted to challenge the same on ground of lapse

Nov
3
2014


Whether a subsequent vendee has any locus standi to assail the acquisition process was the issue before Court. 




Provisions of RFCTLARR Act 2013 will be applicable to National Highways Act 1956 #indianlaws

Nov
3
2014


Section 105(3) of the 2013 Act in the event of Central Government issuing a notification, the same will have a binding effect on the authorities under the National Highways Act, 1956. 




Injunction by the Court will not hold invocation of Section 24 of RFCTLARR 2013 #indianlaws

Jun
19
2014


The conditions set out in Section 24(2) of RFCTLARR Act 2013 are unqualified and it does not matter as to what was the reason behind the non-payment of compensation or for not taking possession. I
 




Objections against proceedings of Acquisition – Status under the repealed and repealing Act #indianlaws

Jun
9
2014


As per Section 15 of the 2013 Act any person interested in any land notified under Section 11(1) as being required or likely to be required for a public purpose, may within sixty days from the date of the publication of the preliminary notification raise his/her objection




Subsequent purchaser can seek declaration as to that acquisition has lapsed #indianlaws

Jun
9
2014


There is no bar for a subsequent purchaser to seek declaration as to the scheme of Acquistion having lapsed.




No award made under Section 11 of the 1894 Act - Compensation to be determined as per 2013 Act #indianlaws

Jun
9
2014


Section 24(1)(a) of the 2013 Act provides that if no award under Section 11 of the 1894 Act has been made then all provisions of 2013 Act relating to determination of COMPENSATION ONLY shall apply
 




Withdrawal of compensation after expiry of five years-Section 24 attracted #indianlaws

Jun
9
2014


Withdrawal of compensation after expiry of five years of passing of award will not come in the way of attracting the mischief of Section 24 RFCTLARR Act 2013




Effect of stay on taking possession of land by Court on Section 24 RFCTLARR Act 2013 #indianlaws

Jun
9
2014


An interesting question arose before the Rajasthan High Court as to the impact of grant of stay on taking the possession of the land by the Court vis a vis Section 24 of the RFCTLARR 2013.




Conditions for fulfillment of Section 24 of RFCTLARR Act 2013 #indianlaws

Jun
9
2014


Section 24(2) of RTFCTLARR Act 2013 commences with a non-obstante clause and according to said provision if the physical possession of the land has not been taken and compensation has not been deposited by the Acquiring Authority before the appropriate forum, the proceedings initiated under the Act, 1894 is deemed to have been lapsed.




Applicablitity of Section 24 of new Land Acquisition Act, 2013 #indianlaws

May
21
2014


Applicablitity of Section 24 of new land acquisition Act discussed in view of circular dated 14th March, 2014








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