Land Acquisition Act, 1894, Section 4, 6 -- Acquisition of land - Once acquisition proceedings are void ab initio in law for no, compliance of mandatory statutory requirement of prior approval of Scheme, Original landowners can challenge the same at any point of time even in collateral proceedings...........
Land Acquisition Act, 1894, Section 4, 6 -- Acquisition of land - Quashing of proceedings - Locus standi - Once land sought to be acquired in favor of society and notifications u/ss 4, 6 of the Act issued regarding the same, Society acquires right to challenge quashing of acquisition proceedings by a Court of law...........
Land Acquisition Act, 1894, Section 3(f)(vi) -- Acquisition of land - Public purpose - Land acquired in favour of society for building residential houses - However, there is no scheme formulated by Society and approved by State Government for the said purpose before initiating acquisition proceedings - Acquisition proceedings cannot be said to be for `public purpose' as..........
Land Acquisition Act, 1894, Section 4, 6 -- Notification u/ss 4, 6 of the Act - Acquisition of lands of two different villagers by issuing notifications by State Government in exercise of its eminent domain at the instance of middleman amounts to a malafide exercise of power by State and violation of provisions of the Act - Acquisition proceedings quashed...........
Land Acquisition Act, 1894, Section 4, 6 -- Acquisition of land - Original landowners executed power of attorneys in favour of one `S' to facilitate him to get the lands acquired in favour of Society, not for selling their lands other than Society - Sale of lands by power of attorney in favour of appellants during pendency of proceedings is wholly illegal and void ab..........
Constitution of India, 1950, Article 136 -- Special Leave petition - Acquisition proceedings - Impleadment applications - Applicant neither approached High Court nor Supreme Court by way of filing SLPs - Neither alleged agreements of sale of acquired land nor power of attorneys confer any right upon applicant, as same is barred by provisions of Land Reforms Act, Specific..........
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, Section 24(2) -- Acquisition of land - Necessary ingredients of S.24(2) of Act are : (i) S.24(2) of Act, begins with a no, obstante clause keeping S.24(1) of Act, out of harm's way; (ii) land acquisition proceedings should have been initiated under Land Acquisition..........
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, Section 24(2), Land Acquisition Act, 1894, Section 11, 31 -- Acquisition of land - Award made more than five years prior to commencement of 2013 Act, but compensation not paid - Notification for acquisition made in the year 1961, but possession was taken four decades..........
Land Acquisition Act, 1894, Section 4, Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, Section 24(2) -- Acquisition of land - Lapse of proceedings - Physical possession of land has been taken - Compensation has not been paid to petitioners - Moreover, award is also more than five years prior to commencement of..........
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, Section 24(2) -- Acquisition of land - Compensation amount should be deposited in treasury as per standing orders only when (i) landowner does not receive the same when award is passed; or (ii) when land owner does not turn up despite notice for receipt of amount;..........
