Land Acquisition Act 1894

15th Nov, 2022

Purpose of acquisition of land – an essential factor for determining market value

The Hon’ble Supreme Court vide its judgment dated 09.11.2022 in “S. Shankaraiah through GPA holder & Ors. vs. The land acquisition officer & Revenue Divisional officer Peddapali, Karimnagar Dist. & Ors.” had the occasion of […]
27th Jan, 2020

Under the Land Acquisition Act, Interest awarded under Section 34 is to be calculated from the date of award and not from the date of notification.

The Supreme Court in the case of Chanabasappa vs Karnataka Neeravari Nigam Ltd. & Anr (Civil Appeal no. 475 of 2020, Arising out of S.L.P. (Civil) No. 29148 of 2016) decided on 21.01.2020 held that […]
13th Jan, 2020

State cannot invoke the doctrine of adverse possession to perfect title over acquired land from private citizens without following due process of law

The Supreme Court in the case of Vidya Devi vs State of Himachal Pradesh& Ors. (Civil Appeal no. 60-61 of 2020) decided on 08.01.2020 held that forcible dispossession of a person from his private property […]
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Objections against proceedings of Acquisition – Status under the repealed and repealing Act #indianlaws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