Right to Fair Compensation and Transparency in Rehabilitation and Resettlement Act 2013

2nd Mar, 2017

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

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 […]
23rd Aug, 2015

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

State barred from setting aside acquisition upon its subsequent failure in carrying out compliance with Section 11A 1894 LA Act
7th Mar, 2015

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

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 […]
22nd Feb, 2015

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

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
11th Feb, 2015

RFCTLARR Ordinance 2014 is prospective

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 […]
11th Feb, 2015

Amendment brought by Land Acquisition Ordinance 2014 is prospective

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 […]
3rd Nov, 2014

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

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 […]
3rd Nov, 2014

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

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, […]
3rd Nov, 2014

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

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 […]
3rd Nov, 2014

An entry in the cadastral survey is not conclusive

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 […]
3rd Nov, 2014

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

Whether a subsequent vendee has any locus standi to assail the acquisition process was the issue before Court.
3rd Nov, 2014

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

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.