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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
R. Raghunandan Rao, K. Manmadha Rao, JJ
Syed Habibulla Shah, S/o. S.R. Shah – Appellant
Versus
State of A.P., Rep. by the Principal Secretary, Social Welfare Department, Secretariat – Respondent
JUDGMENT :
R. Raghunandan Rao, J.
The land of the appellants/ writ petitioners herein, admeasuring Ac.8.37 cents in Sy.No.321/1 and 321/2 & 188 of Gummuluru Village, Korukonda Mandal, East Godavari District, was initially sought to be acquired for the purpose of providing house sites for the weaker sections of the society. It appears that, ultimately, only Ac.5.73 cents of land was taken over. The appellants had thereupon approached the erstwhile High Court of Andhra Pradesh, by way of W.P.No.4234 of 2013, contending that no award had been passed from 20.12.2003 when a notification had been issued under Section 4 (1) of the Land Acquisition Act, 1894 (here-in-after referred to as “the 1894 Act”) till the filing of the writ petition. The appellants contended that Section 11-A of the 1894 Act mandated that, where an award is not passed within three years from the date of notification under Section 4 (1) of the 1894 Act, the entire proceedings would lapse. The appellants, on this basis, contended that the acquisition process had lapsed and the land should be given back to the appellants.
2. A Learned Single Judge, who heard the matter, disposed of the writ petition, by an order, dated 25
Failure to pay 80% compensation under Section 17 of the Land Acquisition Act invalidates acquisition proceedings, necessitating a fresh award based on market value.
No lapse of proceedings under the Act of 1894 occurs if compensation has been paid and possession of the acquired land has been assumed, even if no award has been made.
The main legal point established in the judgment is that the acquisition proceedings lapsed as no award was made within 2 years of the declaration under Section 6 of the 1894 Act, and the State was d....
Where Section 24(1)(a) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (2013 Act) applies, i.e. where there is no Award on the date o....
Compensation in land acquisition must adhere to statutory requirements, including formal awards under section 11 of the Land Acquisition Act, or provisions of the updated Act of 2013 apply.
The court established that the failure to comply with the procedural requirements of the J&K Land Acquisition Act, particularly regarding the timely passing of awards and the payment of compensation,....
The provisions of Section 11-B of the 1990 Act shall not be applicable to the cases where the Government has invoked Section 17 and the Collector has scrupulously complied with the requirements of Se....
The court established that incomplete land acquisition proceedings under the 1948 Act lapse under Section 24(1)(a) of the 2013 Act, mandating compensation determination according to the latter.
Failure to pass an award within 12 months post-enactment of the new land acquisition legislation results in lapse of the acquisition proceedings initiated under the old legislation.
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