Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1894-s. 17 LandAcquisitionAct 4 5A 11A-Land acquisition - Lapse o 6 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Land Acquisition Act, 1894-s. 17, 4, 6, 5A, 11A-Landacquisition - Lapse of - Land acquisition proceedingsinitiated in 1981 lapsed due to delay in publishing the award- Initiation of fresh acquisition proceedings by the State -Appellant-land owners sought release of their land - HighCourt held that since 1981 acquisition proceedings had notbeen withdrawn by the State and the appellant did notchallenge the same, possession of the land as well as thetitle thereof vested with the State despite the delay inpublication of the award- On appeal, held: Old notificationsare superseded and obliterated by subsequent ones, as thesubsequent acquisition proceeding manifest and indicate theintention of the State to abandon the preceding one - Onfacts, 1981 acquisition had lapsed- There is no reason orbasis to allow the State to revive the lapsed acquisition -Further, the actions of the State have denied the appellantjust and fair compensation as envisaged and postulated inthe Act, for its land from which it was dispossessed well overthree decades ago - 1981 acquisition is set aside for non-compliance with the provisions of s.11A- Ratio of SatendraPrasad Jain is confined to the proposition that the State isprecluded from setting aside the acquisition for its own failureto carry out compliance with s. 11 A and once possession hasbeen taken by the State u/s. 17, it is no longer open to theState to relinquish or return the land to the legal entity whohad been dispossessed from it - Thus, the acquisition Aproceedings with regard to the said land have lapsed- Stateto initiate fresh acquisition proceedings or take any otheraction available to it in accordance with law - Right to FairCompensation and Transparency in Land Acquisition,Rehabilitation and Resettlement Act, 2013- s.24. |
Judge | Hon'ble Mr. Justice Vikramajit Sen |
Neutral Citation | 2015 INSC 579 |
Petitioner | M/s. Soorajmull Nagarmull |
Respondent | State Of Bihar & Ors. |
SCR | [2015] 9 S.C.R. 220 |
Judgement Date | 2015-08-17 |
Case Number | 10394-10396 |
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