Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | temporary acquisition proceedings Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act 2013 acquisition by ONGC |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Constitution of India Land Acquisition Act, 1894 (1 of 1894) Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (30 of 2013) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 – Land Acquisition Act, 1894 – Constitution of India – Art. 300A – The subject land was under temporary acquisition by ONGC since 1996 – Appellant (owner) purchased the subject land vide sale deed dated 15.03.2005 – Appellants were paid Rs 24/sq. metre per annum as rent – Appellants approached the High Court seeking to quash the temporary acquisition proceedings or to release the land from acquisition – The High Court rejected the prayer for quashing temporary acquisition proceedings and ordered for permanent acquisition within 12 months – The Court further directed that the Corporation would consider the claim of the appellants for paying rent at Rs. 1,000/- per square meter per month till acquisition of the land on permanent basis – On appeal, held: Temporary acquisition cannot continue for approximately 20 to 25 years and same can be said to be arbitrary and infringing right to use the property under Art. 300A of Constitution of India – If the permanent acquisition is not done within a stipulated time as per the order of the High Court necessary consequence shall follow – As far rent is concerned, as per s. 34 of the 1894 Act if the appellant is aggrieved by the compensation/annual rent, it is open for the appellant to approach the Collector |
Judge | Hon'ble Mr. Justice M.R. Shah |
Neutral Citation | 2023 INSC 61 |
Petitioner | Manubhai Sendhabhai Bharwad & Anr. |
Respondent | Oil And Natural Gas Corporation Ltd. & Ors. |
SCR | [2023] 1 S.C.R. 1021 |
Judgement Date | 2023-01-20 |
Case Number | 472 |
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