Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1894 Acquisition of land Acquisition Officer Land Acquisition Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (30 of 2013) Land Acquisition Act, 1894 (1 of 1894) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Land Acquisition Act, 1894: ss.4(1), 6, 17 — Acquisition of land — According to appellant-authority, possession of land was taken and part of compensation was deposited with the Special Land Acquisition Officer — Respondent no.]-land owner filed writ petition challenging the acquisition ~ High Court allowed the writ petition on the ground that after invoking emergency clause, no award was passed even after expiry of four years — Plea of land owner that acquisition proceedings lapsed in view of operation of s.24 of 2013 Act since neither compensation has been paid to the owner nor possession has been taken by LA Officer — Held: In the instant case, since the award has not been passed, there is no occasion of lapse of proceedings — Land acquisition proceedings would continue but with the rider that the award will have to be passed and compensation determined under the provisions of 2013 Act — Having regard to the factual matrix of the residential colony having been set up, which fact is not controverted also, it cannot be said that there was an urgency for the acquisition — Therefore, the approach made by the High Court is not correct — Appellant and the Acquisitioning Authority are directed to complete the acquisition proceedings by passing an award under the provisions of the 2013 Act — Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 ~ s.24. |
Judge | Hon'ble Mr. Justice Kurian Joseph |
Neutral Citation | 2016 INSC 383 |
Petitioner | Aligarh Development Authority |
Respondent | Megh Singh & Ors. |
SCR | [2016] 2 S.C.R. 759 |
Judgement Date | 2016-05-05 |
Case Number | 4821 |
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