Back
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
G.S.KULKARNI, ADVAIT M.SETHNA
Laxman Mahadev Katkar (Since Deceased) – Appellant
Versus
State of Maharashtra – Respondent
| Table of Content |
|---|
| 1. background of land acquisition case (Para 3 , 5 , 6 , 7 , 8) |
| 2. petitioners' arguments against acquisition (Para 13 , 14 , 15 , 16) |
| 3. respondents' defense of the acquisition (Para 21 , 22 , 23) |
| 4. court analysis of the impugned order (Para 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32 , 33) |
| 5. ruling on lapsed acquisition proceedings (Para 39) |
JUDGMENT :
ADVAIT M. SETHNA, J.
1. Rule, made returnable forthwith. The respondents waive service. By consent of the parties, heard finally.
2. This petition is filed under Article 226 of the Constitution of India.
(A) Issues Before the Court:
3. The present petitioners are legal heirs/representatives of the deceased petitioner no. 1 - Laxman Mahadev Katkar, being the original owner of the land in question which was subject matter of land acquisition for the purpose of Urmodi Project. They have approached this Court in the present proceedings, being aggrieved by an order dated 28 May 2018 (“impugned order” for short) passed by respondent no.4. The primary issue for consideration, is whether the entire land acquisition proceedings initiated by the respondents qua the lands of the petitioners have lapsed, in terms of Section 11A of Land Acqui
The court held that land acquisition proceedings lapsed as the award was not made within two years, violating statutory provisions and infringing constitutional rights.
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....
The delay in challenging acquisition proceedings and the impact on third-party rights can weigh against quashing the proceedings, even if the award has been passed beyond the stipulated period.
Once possession is taken and an award is passed, challenges to land acquisition proceedings are not maintainable, and remedies for compensation must be sought through reference proceedings.
Acquisition of Land – Possession of land - Provisions of Section 24(2) providing for a deemed lapse of proceedings are applicable in case authorities have failed due to their inaction to take possess....
The key legal principle established in the judgment is that the award must be made within a period of two years from the date of the publication of the declaration under Section 6 of the Land Acquisi....
Final award beyond two-year limit from Section 6 declaration under J&K Land Acquisition Act lapses proceedings; court moulds relief by quashing award qua petitioners only and directing fresh award us....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
