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B. P. COLABAWALLA, M. M. SATHAYE
Sandesh Vitthal Thakur – Appellant
Versus
Deputy Collector (Land Acquisition) Raigad – Respondent
JUDGMENT :
B.P. COLABAWALLA J.
1. All the above Writ Petitions inter alia seek to challenge the Award dated 22nd April 2015 passed by Respondent No.1 under which the lands of the Petitioners were acquired. We must mention that the prayers sought in all the Writ Petitions are identical and for the sake of easy reference the prayers in Writ Petition No.1712 of 2018 are reproduced hereunder:-
(b) That his hon. court may be pleased to hold that the impugned award dated 22/4/2015 bearing no.4 of 2006 for acqui
Compliance with Section 17(3-A) of the Land Acquisition Act, 1894 is mandatory for absolute vesting of the notified land, and the requirement to pass the award within the time frame contemplated unde....
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 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 revised award passed after the expiry of two years from the date of Declaration was deemed to be a fresh award, and the acquisition proceedings stood lapsed under Section 11-A of Act, 1894. The c....
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....
Award validity under the Land Acquisition Act hinges on strict adherence to prescribed timelines, with stays influencing but not absolving time limits for passing awards.
Section 25 of LARR Act reads as Period within which an award shall be made –The Collector shall make an award within a period of twelve months from the date of publication of the declaration under se....
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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