Case Analysis

9th Jun, 2014

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

There is no bar for a subsequent purchaser to seek declaration as to the scheme of Acquistion having lapsed.
9th Jun, 2014

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

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  
9th Jun, 2014

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

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
9th Jun, 2014

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

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 […]
9th Jun, 2014

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

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 […]
7th Jun, 2014

No strait-jacket formula can be laid down for arriving at exact market value of the land #indianlaws

The assessing authority must take into consideration various factors for determining the market value, but exclude the advantages due to the carrying out of the purpose of acquisition and remote potentialities.
7th Jun, 2014

The courts should not adopt an injustice-oriented approach in rejecting the application for condonation of delay #indianaws

The Court observed that rules of Limitation are not meant to destroy the rights of the parties rather the idea is that every legal remedy must be kept alive for a legislatively fixed period of […]
7th Jun, 2014

Once the land is acquired and it vests in the State, free from all encumbrances #indianlaws

While rejecting claim of the Petitioner, the Court reiterated the legal position that once the land is vested in the State, free from all encumbrances, it cannot be divested and proceedings under the Act would […]
7th Jun, 2014

Allotment once declared null and void raises a presumption that there was no allotment at any point of time #indianlaws

Once such allotment is declared null and void, it is presumed that there was no such allotment at any point of time. If there was no such allotment, said allotments having been declared null and […]
7th Jun, 2014

Compensation in respect of land acquired can be attached #indianlaws

Whether the amount of compensation can be attached, was the question before the Court.
6th Jun, 2014

Powers of the reference Court under Section 18 LA Act 1894 to determine title of land #indianlaws

A claimant in a land acquisition proceeding can get no share of compensation without establishing his title of the land acquired
6th Jun, 2014

Interest on award cannot be claimed merely because compensation has been enhanced #indianlaws

 A claimant or decree-holder who has received the entire amount awarded by the Reference Court or who had notice of the deposit of the entire amount so awarded cannot claim interest on the amount he […]