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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
G.S.KULKARNI, AARTI SATHE
Yogesh Kamlakar Mangle – Appellant
Versus
State of Maharashtra – Respondent
| Table of Content |
|---|
| 1. challenge to government circular on land acquisition (Para 1 , 2) |
| 2. arguments opposing government circular validity (Para 3 , 7 , 11 , 12) |
| 3. court's overview of the case and legislative framework (Para 10 , 14 , 15) |
| 4. court's interpretation of statutory provisions (Para 18 , 22 , 24) |
| 5. conclusion and ruling against the circular (Para 36 , 37) |
JUDGMENT :
Aarti Sathe, J.
1. This is a batch of writ petitions which raise common issue of law and fact. They are accordingly being disposed of by this common judgment.
2. The challenge in these petitions is primarily to a circular dated 24th January 2023 (hereinafter referred to as the “impugned circular”) issued by the State Government through its Revenue and Forest Department, which is issued on the basis of orders passed by the Punjab and Haryana High Court in the State of Haryana and Another Vs. Smt. Chander Kanta @ Kanta & Ors., R.F.A. No. 3469 of 2019 providing that from the date of issuance of a notification to acquire the land, sale instances which pertain to a period within one year before the issuance of such notification, would be required to be discarded and the land acquisition compensation shall be arrived at the
The court held that a government circular excluding one year of sale instances from land valuation violates statutory provisions, requiring adherence to all sale instances in the three years before a....
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....
The compensation for land acquisition must reflect the prevailing market value based on sale deeds within three years prior to notification, not an arbitrary figure, ensuring just compensation under ....
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.
(1) Lapse of land acquisition proceeding – Section 11A of 1894 Act and Section 25 of 2013 Act prescribe two different periods of limitation with adverse consequences, as on failure to make award acqu....
The theory of deduction does not apply under the Acquisition Act, 2013; compensation must be based on the highest market value as per the Stamp Act.
Land acquisition proceedings are invalid if statutory requirements are not met, particularly regarding notifications and timelines, as established by the Land Acquisition Act and the 2013 Act.
The Supreme Court held that circle rates should not be the sole criterion for determining compensation under the Land Acquisition Act; the authority must use objective criteria.
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