Land Acquisition Act 1894

20th May, 2016

Power to release land from acquisition cannot be exercised arbitrarily and has be consistent with the doctrine of public trust #indianlaws

Use of power for a purpose different from the one for which power is conferred is colourable exercise of power. Statutory and public power is trust and the authority on whom such power is conferred […]
24th Nov, 2014

Writ Court cannot direct grant of compensation towards acquisition where action suffers from delay and latches

No direction under Article 226 of the Constitution against the State to initiate land acquisition proceedings in respect of land after lapse of sufficient time could be issued. 
9th Jun, 2014

Objections against proceedings of Acquisition – Status under the repealed and repealing Act #indianlaws

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 […]
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 […]
27th Feb, 2014

Land Acquisition: Cost of acquisition of land from Industrial Perspective

All these controversies related to land acquisition have made it a political issue but nonetheless all these amendments in the land acquisition laws have failed to please the population
27th Feb, 2014

Greater Noida Fiasco- A conflict between Farmers, Government, Builders and Consumers.

Real estate Industry, very recently, suffered a set back wherein the Hon’ble Supreme Court in the matter of Greater Noida Industrial Development Authority VsDevender Kumar set aside the acquisition of land situated in a village […]