Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Right to Fair Compensation and Transparency in Land Acquisition |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
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 - s.2./(2) - Stay granted in respect of one of the lands covered by the s.4(1) notification of the 1894 Act - Effect on the other lands covered by the same notification - Jn the instant land acquisition proceedings, award was passed under the 1894 Act - After passing the award u/s.11 of the 1894 Act, no compensation was paid and possession was also not taken within five years prior to 01.01.2014, wh_en 2013 Act came into effect - Therefore, in terms of s.24(2) of the 2013 Act, the acquisition proceedings under 1894 Act in respect of respondents' land have lapsed - Since lapse u!s.24(2) is post-award, that would affect only the land referred to in the award and not the enlire land covered by the s.4(1) notification of the 1894 Act under which the proceedings for acquisition were initiated - Therefore, effect of stay cannot be extended to entire land - Land Acquisition Act, 1894 - ss.4(1), 6, 9, Jl, JJA.Land Acquisition Act, 1894 - s.JJA - Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 - s.24(2) - Difference between lapse ul s. JJA and lapse u!s.24(2) - Discussed. |
Judge | Hon'ble Mr. Justice Kurian Joseph |
Neutral Citation | 2016 INSC 897 |
Petitioner | Govt. Of Nct Of Delhi And Another |
Respondent | Mahender Singh And Others |
SCR | [2016] 6 S.C.R. 986 |
Judgement Date | 2016-09-22 |
Case Number | 9596 |
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