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...........
Land Acquisition Act, 1894, Section 11 -- Second acquisition proceedings - Non making of award within stipulated period in the first proceedings - Relevant date for computing compensation would be publication of the subsequent notification...........
Land Acquisition Act, 1894, Section 4,6 -- Release of acquired land - Petitioner belonging to poor strata of society, Constructed their houses before issuance of notification under Sec.4 of the Act - Where notification under Sec.4 of Act was issued, land owned by about 800 people was also made part of it, wherein unauthorised colony was in existence - Where notification..........
