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

3rd Nov, 2014

Applicability of Section 6 of the General Clauses Act relating to effect of repeal of 1894 Act is subject to S. 24(2) of 2013 Act

Under Section 24(2) land acquisition proceedings initiated under the 1894 Act, by legal fiction, are deemed to have lapsed where award has been made five years or more prior to the commencement of 2013 Act […]
3rd Nov, 2014

Lapse of Acquisition under the L A ACT1894 does not preclued the Authorities to initiate fresh proceedings under the RFCTLARR 2013

Quashing of the notifications for acquisition of the land would not come in the way of the Authorities in acquiring the land of the petitioners under the provisions of the Right to Fair Compensation and […]
3rd Nov, 2014

Acquisition proceedings shall lapse under LA ACT 2013 even if proceedings were stayed by the Court #indianlaws

As per Section 24 of the  L A ACT 2013 it is clear that Section 24(2) of the 2013 Act does not exclude any period during which the land acquisition proceeding might have remained stayed […]
21st Aug, 2014

No person can be permitted to circumvent the law by trying to invoke misplaced sympathy #indianlaws

The subsequent purchaser cannot challenge the acquisition proceedings and that he would be only entitled to get the compensation.The provisions of the beneficial legislation cannot be permitted to be misused to the undue advantage of […]
19th Jun, 2014

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

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 […]
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Objections against proceedings of Acquisition – Status under the repealed and repealing Act #indianlaws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 […]
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 […]
6th Jun, 2014

Lapse of Land Acquisiton under Section 24 of the RFCTLARR 2013 #indianlaws

The Supreme Court in Shiv Raj’s Judgement held that in calculating the period of five years the period spent in litigation shall be included leading to lapse of acquisiton. Though the judgement is not categorical […]