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RAMESH SINHA, SANJAY K. AGRAWAL
National Thermal Power Corporation Ltd. – Appellant
Versus
Vedant Modi S/o Raja Modi – Respondent
JUDGMENT :
Sanjay K. Agrawal, J
1. This batch of writ appeals preferred under Section 2(1) of the Chhattisgarh High Court (Appeal to Division Bench) Act, 2006, are directed against the impugned order (common) passed by learned Single Judge allowing the writ petitions holding that the writ petitioners (private respondents herein) are entitled for compensation under the provisions of Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short, the Act of 2013).
2. Since common facts and question of law are involved in this batch of writ appeals, they have been clubbed together, heard together and being disposed of by this common judgment. For disposal of these appeals, Writ Appeal No. 361 of 2022, arising out of order dated 12.05.2022 passed in Writ Petition (C) No. 2899 of 2020, and connected cases, is taken as the lead case.
3. The facts, in nutshell, are that the lands of the writ petitioners were subject to the land acquisition proceedings by issuance of a notification under Section 4 of the Land Acquisition Act, 1894 (for short, the Act of 1894) on 22.09.2012 (Annexure P/2 to the writ petition) followed b
No lapse of proceedings under the Act of 1894 occurs if compensation has been paid and possession of the acquired land has been assumed, even if no award has been made.
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 physical possession of the land and tendering of compensation discharge the state's obligation, and the land essential for public purpose cannot be released from acquisition.
(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....
Land acquisition - No notice was issued to the writ petitioners before compensation amount was deposited by way of revenue deposit, the same would not result in compensation being payable in terms of....
Section 24(1)(a) of the Act, 2013 applies only to land acquisition proceedings initiated under the Land Acquisition Act, 1894, and not to acquisitions initiated under any other Central or State enact....
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....
The proviso to S.24 of the 2013 Act applies to awards made within five years prior to the 2013 Act's commencement, entitling beneficiaries to compensation under the 2013 Act.
Subsequent purchasers of land can only claim compensation based on their vendors' titles and cannot challenge acquisition proceedings initiated under different statutes.
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