Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, Section 15 -- Acquisition of land - Hearing of objections - Competent authority - Land acquisition notification was issued by State Government - Therefore, neither District Collector could act as appropriate Government in regard to acquisition in question nor was he..........
Land Acquisition Act, 1894, Section 23 -- Acquisition of land - High Court set aside order of Deputy Collector solely on the ground that orders were passed by Deputy Collector without jurisdiction and therefore same is coram non-judice - However, Deputy Collector was directed to take a fresh decision pursuant to order passed by Division Bench - High Court therefore, ought..........
Utilization of land -- Non-payment of compensation - Land is utilized for road to be owned by Panchayat/Municipality - Admittedly, there is neither any acquisition proceedings nor any transfer of rights by landowners by way of sale, gift or otherwise - Defence of Panchayat is that it was a voluntarily surrender of rights for no consideration - However, no document or..........
Land Acquisition Act, 1894, Section 4(1), Constitution of India, 1950, Article 226 -- Acquisition of land - Writ petition - Delay and lashes - Notification was issued in the year 1994 and till date no steps have been taken by Housing Board and therefore, question of delay and laches will not come in way of appellants - Otherwise also, appellants on an erroneous advice have..........
Land Acquisition Act, 1894, Section 34 -- Acquisition of land - Compensation - Interest - Date of taking of possession/submergence is disputed - No categorical finding recorded that area in question came under submergence with effect from the year 1991 and was not as a matter of fact in possession of appellant - It is also not clear for how much period of a year area in..........
Land Acquisition Act, 1894, Section 28A -- Acquisition of land - Re-determination of compensation - Applications seeking reference u/s 18 of the Act were preferred by many landlords but petitioner did not prefer any such application - Reference Court enhanced compensation - Petitioner thereafter filed application u/s 28-A of the Act, which was allowed and same benefits in..........
Land Acquisition Act, 1894, Section 4, 3(c) -- Acquisition of land - State appointed Special Tehsildar as Collector for the land in question as per its notification - However, State empowered only in respect of land for which notification u/s 4 of the Act had already been issued - Special Tehsildar not authorized to act as Collector for entire District concerned - However,..........
Legal Services Authorities Act, 1987, Section 19(5) -- Jurisdiction of Lok Adalat - Re-determination of compensation as awarded under Land Acquisition Act - Lok Adalat has no jurisdiction to re-determine compensation, as it is only Collector who is vested with said jurisdiction...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment/substitution of LRs of deceased land owner - Reference petition under Land Acquisition Act - Land owner expired prior to reference petition coming into existence - Reference petition was transmitted to Court by Land Acquisition Collector by performing his duty under the Act - LRs of deceased had come to know about..........
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, Section 15(2) -- Acquisition of land - Objections u/s 15 of the Act - There is no, compliance of mandatory provision of S.15(2) of the Act by Collector, as Collector neither gave any opportunity to landowners nor submitted any report to Government as provided u/s..........
