Land Acquisition Act, 1894, Section 23(1A) -- Land acquisition - Acquisition proceedings commenced with notification u/s 4 of the Act issued on 06.03.1965 and ended in passing of an award on 09.07.1980 i.e. before 30.04.1982 the date from which amending Act of 1984 made applicable to pending and subsequent proceedings - Held, respondents, whose lands were acquired not..........
Land Acquisition Act, 1894, Section 4, 6, Civil Procedure Code, 1908, Section 100 -- Acquisition of Land - Compensation enhanced in appeal - Legal issue involved in appeal already stood settled when appeal was filed - Held, judgment of Court below strictly in consonance with law and same attained finality, but still appeal filed in High court - State permitted to withdraw..........
Land Acquisition Act, 1894, Section 23(1A), 23(2) -- Solatium - Not payable on additional amount nor additional amount is payable on solatium - Solatium and additional amount are also not payable on damages/expenses that may be awarded under second to sixth factors u/s 23(1) of the Act...........
Land Acquisition Act, 1894, Section 4, 6, 5A, 17 -- Land acquisition - Notification u/s 4 quashed with liberty to issue a fresh notification - Fresh notification issued after 3 years invoking emergency clause - Time gap of 3 yeas between quashing of first notification and issue of second notification is too long to justify invoking of urgency clause - This is clearly..........
Land Acquisition Act, 1894, Section 4, 6 -- Land acquired for public purpose - Challenge against power of compulsory acquisition on the ground that the same has been used fraudulently - However, delay in filing writ petition - Held, all objections concerning delay in challenging acquisition and locus standi are not sustainable as all actions taken fraudulently are vitiated..........
Land Acquisition Act, 1894, Section 4, 6 -- Land acquired for public purpose - Release of land - State acquired big chunk of land and made conditional release of same in favour of private company who further sold it to another company in violation of conditions governing release - Thereafter notification issued under provisions of Special Economic Zone Act, 2005 by..........
Land Acquisition Act, 1894, Section 23 -- Acquisition of lime orchard - Determination of compensation - No documentary evidence in support of income yielded by orchard - Expert gave gross annual income from each tree as Rs.150 to Rs.200/- - Held, compensation is to be calculated taking average thereof by allowing deduction towards cost of cultivation and other expenses -..........
Civil Procedure Code, 1908, Section 11 -- Challenge to acquisition of land that acquired blocks of land were outside the purview of framework agreement - No reason assigned why appellant has not raised this issue earlier - Held, this issue cannot be raised in subsequent proceedings in view of doctrine of constructive res judicata which applies to writ petitions also...........
Land Acquisition Act, 1894, Section 4 -- Challenge to acquisition of land that acquired blocks of land were outside the purview of framework agreement - No reason assigned why appellant has not raised this issue earlier - Held, this issue cannot be raised in subsequent proceedings in view of doctrine of constructive res judicata which applies to writ petitions also...........
Constitution of India, 1950, Article 226 -- Challenge to acquisition of land that acquired blocks of land were outside the purview of framework agreement - No reason assigned why appellant has not raised this issue earlier - Held, this issue cannot be raised in subsequent proceedings in view of doctrine of constructive res judicata which applies to writ petitions also...........
