SANJIV KHANNA, SANJAY KUMAR
Delhi Agricultural Marketing Board, through its Chairman – Appellant
Versus
Bhagwan Devi (Dead), through her LR. – Respondent
JUDGMENT
SANJAY KUMAR, J
1. Turning the law of land acquisition on its head, the astonishing events that this appeal is founded on need to be narrated in some detail.
2. An extent of 33 acres of land abutting the Narela-Bawana Road was acquired by the Government to enable the Delhi Agricultural Marketing Board (hereinafter, ‘the Board’) to shift and establish its grain market in Narela. Notification under Section 4(1) of the Land Acquisition Act, 1894 (for brevity, ‘the Act of 1894’), was issued on 30.10.1963. Declaration under Section 6 of the Act of 1894 was issued on 10.01.1969 and the Award, determining the compensation, was made on 19.09.1986. The acquired land included an extent of 6 bighas and 10 biswas situated in Khasra Nos. 296, 298 and 303 of Village Mamoorpur. Bhagwan Devi claimed ownership over this smaller extent under registered sale deeds of the years 1959 and 1971. Possession of the acquired land was taken and handed over on 22.09.1986 to the Agricultural Produce Marketing Committee, Narela, under the control of the Board. This ostensibly included the extent of 6 bighas and 10 biswas claimed by Bhagwan Devi. She, then, filed W.P. No. 149 of 1987 before the Delhi High
Appeal against arbitral award – When State uses its sovereign power of eminent domain and acquires land for a public purpose, such an exercise cannot be set at naught by beneficiary of such acquisiti....
Section 48(1) of the Act and in view of the well settled legal position emerging from interpretation of Section 48(1) of the Act by the Supreme Court, it is clear as noon day, that since possession o....
(1) Acquisition of land – After having acquiesced to action of Government by accepting compensation under an agreement, land owners are not justified in making grievance at a belated stage.(2) Writ j....
If possession is already taken under provisions of Section 16 of 1894 Act and land having already been put to use, cannot be given back to original owner.
(1) Release of acquired land – Scheme of Section 48-B of LA Act, does not envisage any enforceable right in favour of expropriated landowner to seek transfer of acquired land.(2) No timeline can be i....
The main legal point established in the judgment is that the acquisition proceedings would not lapse even if the award was passed after the prescribed period under Section 11A, and the relocation pol....
Agreements to sell do not confer title or rights to claim compensation in land acquisition; only the recognized owner can challenge compensation decisions under the Land Acquisition Act.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.