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N. KOTISWAR SINGH, SURYA KANT
Union of India – Appellant
Versus
Kesang Dorjee – Respondent
| Table of Content |
|---|
| 1. possession and requisitioning of land under the act (Para 2 , 3 , 4 , 5) |
| 2. compensation determination under section 8 of the act (Para 6 , 7) |
| 3. inadequacy of compensation leads to calls for acquisition (Para 8 , 10 , 15) |
| 4. court's stance on the high court's directives (Para 11 , 12 , 13 , 14 , 16 , 17) |
| 5. setting aside high court judgments and allowing the appeal (Para 18 , 19) |
ORDER
2. The Union of India through Cabinet Secretary, the Ministry of Defence and other Army Authorities are aggrieved by judgments dated 18.12.2019, 16.11.2022, and 09.03.2023, passed by the Gauhati High Court, Itanagar Bench. Vide the first judgement, the High Court has disposed of the Writ Petition filed by the private respondents with a direction to initiate acquisition of the subject land. Vide the second judgment, the High Court dismissed the intra-court appeal against the first judgement on the ground of delay and laches. The final order dated 09.03.2023 eventually turns down the Review Petition filed by the appellants.
4. Section 4 of the Act vests power in the Competent Authority to take physical possession of the property, which has been requisitioned under Section 3 of the Act.
The right to property is constitutional under Article 300-A, mandating government acquisition or compensation for land occupation.
Acquisition of land requires payment of compensation to be valid; without it, the acquisition is void ab initio.
(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....
The statutory presumption raised by the notification under Sec. 16(2) of the Land Acquisition Act was crucial in determining the possession of the land and the lapse of acquisition proceedings.
Lapse of land acquisition proceeding – Where possession could not be taken due to stay order/pending litigation, matters are required to be remanded for fresh decision.
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