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
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 […]
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 […]
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.
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 […]
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 […]
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 […]
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 […]
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 […]
Delhi High Court in the present matter namely, Autodesk Inc and Anr. vs. A.V.T. Shankardass and Anr. [AIR 2008 Delhi 167: 2008(37)PTC581(Del)], provided guidelines which the Court may take into consideration while dealing with the […]