SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2021 Supreme(SC) 669

EXECUTIVE ENGINEER, GOSIKHURD PROJECT AMBADI, BHANDARA – Appellant
Versus
MAHESH – Respondent


Advocates appeared:
For the Petitioner(s):C.U. Singh, V. Giri, Nitin Mishra, Mitali Gupta, Rajat Sehgal, Advocates
For the Respondent(s):B. H. Marlappalle, Dilip Annasaheb Taur, Pradeep S. Kshirsagar, Rahul Chitnis, Sachin Patil, Aaditya A. Pande, Geo Joseph, Advocates

JUDGMENT :

SANJIV KHANNA, J.

Leave granted.

2. The legal issue that arises in these appeals relates to interpretation of Section 24(1)(a) of The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (‘2013 Act’, for short), and in particular the question:

    Whether the two-year period specified under Section 11A of the Land Acquisition Act, 1894 (‘1894 Act’, for short) will apply even after the repeal of the 1894 Act, or the twelve-month period specified in Section 25 of the 2013 Act will apply for the awards made under clause (a) of Section 24(1) of the 2013 Act?

Subsequent to the decision on the aforesaid question of law, we shall consider the second aspect – whether the award dated 30th October 2014 is within the permissible time-limit or whether the acquisition proceedings have lapsed? To answer this question, we shall also examine whether the award claimed to have been passed on 30th October 2014 is backdated and whether the date has been changed by manipulating the award? For convenience and clarity, we would deal with the two issues separately.

3. In order to answer the legal question, some elemental facts are required to be note

    Click Here to Read the rest of this document
    1
    2
    3
    4
    5
    6
    7
    8
    9
    10
    11
    SupremeToday Portrait Ad
    supreme today icon
    logo-black

    An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

    Please visit our Training & Support
    Center or Contact Us for assistance

    qr

    Scan Me!

    India’s Legal research and Law Firm App, Download now!

    For Daily Legal Updates, Join us on :

    whatsapp-icon telegram-icon
    whatsapp-icon Back to top