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SANDEEP KUMAR
Bihar Finance Service Housing Construction Co-operative Society Ltd. – Appellant
Versus
State of Bihar – Respondent
Sandeep Kumar, J.—By way of this writ petition, the petitioners have prayed for the following reliefs:—
“(i) To issue an appropriate writ, order, direction in the nature of mandamus commanding the respondents to handover the physical possession of 16.2489 acres of land situated at Kumhrar, Patna to the Bihar Finance Service Housing Construction Co-operative Society Ltd. in compliance of the direction of the Hon'ble Supreme Court in Civil Appeal No.1357 of 2003, with a specific direction to the Collector, Patna for such handover within a period of 4 months.
(ii) To issue an appropriate writ, order, direction in the nature of mandamus commanding the respondents to alternatively allot 16.2489 acres of land in favour of the Bihar Finance Service Housing Construction Co-operative Society Ltd. within the Patna Municipal area.
(iii) To issue an appropriate writ, order, direction in the nature of mandamus commanding the respondents to pay the price of the value of the land to Bihar Finance Service Housing Constriction Co-operative Society Ltd. in lieu of the handover the physical possession of 16.2489 acres of land situated at Kumhrar, Patna, based on the prevailing circle rate of Kumhrar, Pa
Once possession is taken by the State after acquisition, the land vests in the State free from all encumbrances. The deposit of compensation in the Government Treasury prior to the enforcement of the....
Section 24(2) of the 2013 Act does not create a new cause of action to question finalized land acquisition proceedings where possession was taken and compensation paid.
The main legal point established in the judgment is that under Section 24(2) of the Fair Compensation Act, the acquisition proceedings would lapse if the possession of the land was not taken and comp....
Lapse of land acquisition proceeding – After acquisition of land and passing of award, land vests in State free from all encumbrances – Vesting of land with State is with possession – Any person reta....
No reasonable explanation being given by the petitioners for such inordinate delay, this court should not go into the stale demand of the petitioners after lapse of years.
Refusal to accept offered compensation precludes a claim for deemed lapse under Section 24(2) of the Act, 2013.
The petition under Section 24(2) of the Act of 2013 must meet the gap period of five years, and the physical possession and compensation tender must be valid. The essentiality of the land for public ....
The main legal point established in the judgment is that for lapsing of acquisition proceedings under Section 24(2) of the Act of 2013, both the conditions of physical possession and payment of compe....
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.
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