Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Land Acquisition |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Acquisition of land – Notifications u/ss. 4 and 6 of Land Acquisition Act issued respectively on 4.8.2008 and 17.6.2009 – By letter dated 30.01.2010 sought approval of the ‘award’ and the ‘land acquisition estimate’ (in the prescribed Form No. 15 and Form No. 5 respectively) – Approval granted by letter dated 05.03.2010 – Land-owner thereafter sought reference u/s. 18 of Land Acquisition Act for reassessment of compensation – The Land-owner also received the compensation and possession of the land was handed over on 21.05.2010 – The land-owner thereafter relying on letters that 21.07.2012 and 06.01.2014 contended that no award was approved by letter dated 05.03.2010 (thereby only land acquisition estimate was approved) and thus it led to lapsing of previous acquisition proceedings and initiation of fresh acquisition proceedings on 07.08.2012, culminating in approval of the award for the first time on 04.01.2014 – The landowner claimed fresh award by determining the compensation payable in terms of 2013 Act because the award under the fresh proceedings was made and approved after coming into force of 2013 Act – High Court allowed the case of the land-owner – Appeal to Supreme Court – Held: The facts of the case including conduct of the land-owner show that the award was approved on 05.03.2010 – Once the award had been approved, compensation paid, possession of the land handed-over, there was no question of lapsing u/s. 24 of Land Acquisition Act, 1894 – Such land cannot be re-opened for acquisition – Land Acquisition Act, 1894 – Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 – s. 24 – Assam Land Acquisition Manual. |
Judge | Hon'ble Mr. Justice S. Abdul Nazeer |
Neutral Citation | 2021 INSC 43 |
Petitioner | Assam Industrial Development Corporation Ltd |
Respondent | Gillapukri Tea Company Limited & Ors. Etc. |
SCR | [2021] 1 S.C.R. 181 |
Judgement Date | 2021-01-28 |
Case Number | 251 |
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