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A. S. CHANDURKAR, VRUSHALI V. JOSHI
Anuradha Dnyandeo Ingle – Appellant
Versus
State of Maharashtra, through its Secretary, Department of Rehabilitation – Respondent
JUDGMENT :
A.S. Chandurkar, J.
Challenge raised in this writ petition filed under Article 226 of the Constitution of India is to the award dated 02.12.2015 passed by the Special Land Acquisition Officer, Jigaon Project, District Buldhana under Section 11(1) of the Land Acquisition Act, 1894 (for short, the Act of 1894). According to the petitioners, the said award has not been passed in the manner contemplated by Sections 6 to 9 of the Act of 1894 and is also in breach of provisions of Section 11 A thereof.
2. Notification under Section 4(1) of the Act of 1894 came to be issued proposing to acquire land admeasuring 30 Hectares 91 Ares for resettlement of residents of village Yerli, Taluka Nandura, District Buldhana in view of submergence of lands under Jigaon Project. Notice in that regard was published in the Tahsil Office, Nandura on 02.02.2013. The objections raised to the proposed acquisition were submitted by twenty four land owners on 11.02.2013. The same were considered in an enquiry under Section 5-A of the Act of 1894 on 05.03.2013. These objections came to be finally decided on 24.06.2013. Since it was decided to acquire the said lands, a declaration under Section 6(1) of th
In case a person has been tendered the compensation as provided under Section 31(1) of the 1894 Act, it is not open to him to claim that acquisition has lapsed under Section 24(2) due to non-payment ....
The main legal point established in the judgment is the strict adherence to the prescribed timelines and procedures under the Land Acquisition Act, 1894, and the consequences of non-compliance, leadi....
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....
Section 11A of Act, Collector has to make an award under Section 11 within a period of two years from date of publication of declaration and if no award is made within that period, entire proceedings....
The final and conclusive nature of the award made under the Act of 1894 as regards the compensation to be paid, and the procedure for seeking reference for determination by the Court as provided in t....
Procedural lapses in land acquisition notification, hearing, and timelines vitiate proceedings, but completed construction and record loss warrant fresh award under original Act rather than new regim....
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.
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