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DEVENDRA KUMAR UPADHYAYA, KISHORE C. SANT
Bhagwat Tukaram Shelke & Others, Died through L. Rs. Dhondubai w/o. Bhagwat Shelke & Others - Petitioners – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT :
1. Heard learned counsel for the Petitioners and learned counsel representing the respondent No.4.
2. At the outset, learned counsel for the Petitioners, without there being any ambiguity in his mind has confined his prayer for issuing a direction to the authorities concerned for calculation of payment of the amount of compensation for acquisition of land belonging to the Petitioners, in terms of the provisions contained in the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as the Act of 2013).
3. Certain lands belonging to the petitioners came to be acquired. A notification under Section 4(1) of the Land Acquisition Act, 1894 was issued on 2/7/2009 in respect of certain lands owned by the Petitioners. The Petitioner No.1 was owner in possession of land comprised in Gat Nos.15 and 17, situated at village Choundi, Taluka Udgir, District Latur. The Petitioner No.2 was the owner in possession of land comprised in Gat No.18, situated in the same village and Petitioner No.3 was the owner in possession of land Gat No.11, situated at the same village.
4. The notification under Section 6(1) of the A
Compensation for land acquired under the old Act must be determined using the provisions of the new Act if the award was not made before the new Act's commencement.
The main legal point established is that the determination of market value under the 2013 Act is to be based on the date of the Section 4(1) Notification of 1894 Act, and the Land Acquisition Officer....
Amendments to an existing land acquisition award do not create a new award under the Right to Fair Compensation and Transparency in Land Acquisition Act, 2013.
Acquisition of land – Where no award under Section 11 of Act of 1894 has been made, then, all provisions of new Act of 2013 relating to determination of compensation would apply.
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....
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.
The effect of interim orders on acquisition proceedings and the entitlement to compensation under the Act of 2013, as influenced by the interpretation of Section 24(1)(a) and the Faizabad Ayodhya Dev....
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