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J. B. PARDIWALA, MANOJ MISRA
Ultra-Tech Cement Ltd. – Appellant
Versus
Mast Ram – Respondent
JUDGMENT :
J.B. PARDIWALA, J.
For the convenience of exposition, this judgment is divided into the following parts: -
INDEX
| I. | FACTUAL MATRIX |
| II. | SUBMISSIONS ON BEHALF OF THE APPELLANT |
| III. | SUBMISSIONS ON BEHALF OF THE RESPONDENT NOS. 1-6 |
| IV. | SUBMISSIONS ON BEHALF OF THE RESPONDENT NO. 10 |
| V. | SUBMISSIONS ON BEHALF OF THE RESPONDENT NO. 11 |
| VI. | ISSUES FOR DETERMINATION |
| VII. | ANALYSIS |
| A. Scheme of Arrangement between the Appellant and JAL under Sections 391 to 394 respectively of the Companies Act, 1956 | |
| B. Return of acquired land under the 2013 Act | |
| C. Impugned Order of the High Court | |
| D. Role of the State under Article 300-A of the Constitution | |
| VIII. | CONCLUSION |
A. Scheme of Arrangement between the Appellant and JAL under Sections 391 to 394 respectively of the Companies Act, 1956
B. Return of acquired land under the 2013 Act
C. Impugned Order of the High Court
D. Role of the State under Article 300-A of the Constitution
VIII. CONCLUSION
1. Leave Granted.
2. This appeal arises from the order passed by the High Court of Himachal Pradesh at
(1) Acquisition of land – Disputes regarding ownership of subject land cannot be an impediment to legitimate rights of original landowners to receive compensation.(2) Return of acquired land – Party ....
The court affirmed the obligation of the state to pay compensation for land acquisition as mandated by law, emphasizing the validity of the award and the constitutional right to property.
Section 24(1)(a) of the Act, 2013 applies only to land acquisition proceedings initiated under the Land Acquisition Act, 1894, and not to acquisitions initiated under any other Central or State enact....
The landowners are entitled to just compensation at current market value when delays in awarding compensation are not due to their actions.
Subsequent purchasers of land can only claim compensation based on their vendors' titles and cannot challenge acquisition proceedings initiated under different statutes.
The right to property under Article 300A must be upheld through due legal processes; unlawful dispossession by state authorities mandates compensation per statutory requirements.
The court ruled that the State Land Acquisition Officer cannot shift the date for determining compensation; only higher courts possess that authority under Articles 32/142 of the Constitution.
Section 24 of the Right to Compensation Act does not apply to acquisitions initiated under the West Bengal Requisition and Acquisition Act; subsequent purchasers can only claim compensation based on ....
The State must comply with due process for land acquisition and compensate fairly; failure to follow procedures amounts to a constitutional violation.
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