Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 2013 Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013 - s. 24(2) - Deemed lapse of acquisition proceedings under — When can be declared — Held: Factum of award u/s. 11 of the 1894-Act must be established and the said award must have been passed live years before the commencement of the Act — Once the aforesaid is established, possession is found to not have been taken, or compensation not paid, then the proceedings shall be deemed to have lapsed — In the instant case, land owners submission that either possession still. with them or compensation not tendered by the State — Land owners proposing to ‘initiate proceedings u/s. 24 - Appeal disposed of, without entering into merits, by granting liberty to the land owners to pray for the revival of the appeals in the event the orders u/s. 24 adverse to their interest — Thus, land owners permitted to initiate appropriate proceedings in the proper forum/court, seeking the benefit of s. 24 —- Land Acquisition Act, 1894 — s.11. Radiance Fincap (P) Ltd. v. Union of India & Ors. 2015(1) SCALE 677; Arvind Bansal v. State of Haryana 2015 (3) SCALE 200: Karnail Kaur v. State of Punjab (2015) 1 JT 377 — relied on. |
Judge | Hon'ble Mr. Justice Vikramajit Sen |
Neutral Citation | 2015 INSC 185 |
Petitioner | Bhargava & Associates Pvt. Ltd. & Ors. |
Respondent | Union Of Indiaand Ors. |
SCR | [2015] 2 S.C.R. 794 |
Judgement Date | 2015-03-10 |
Case Number | 5099 |
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