Back
GOUTAM BHADURI, RADHAKISHAN AGRAWAL
Ishwar Prasad Rathore S/o Late Dev Narayan Rathore – Appellant
Versus
Union of India through Secretary, Ministry of Coal, New Delhi – Respondent
ORDER :
1. Both the writ petitions heard analogously and decided together by this common order because common facts and question of law has been raised and the grounds of challenge are overlapping with each other.
2. Challenge in these petitions is to declare Sections 4 to 13 of the Coal Bearing Areas (Acquisition and Development) Act, 1957 (henceforth ‘the CBA Act 1957’) as ultra vires, illegal, inoperative and violative to the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (henceforth ‘the Land Acquisition Act 2013’).
3........
The court upheld the validity of the Coal Bearing Areas Act, affirming it does not conflict with the Land Acquisition Act regarding compensation determination.
The court affirmed that the provisions of the National Highways Act remain valid, and the 2015 Order under Section 113(1) effectively extends the 2013 Act's benefits to land acquisition under the Fou....
State legislation cannot provide lesser compensation than that guaranteed under parliamentary law, rendering it repugnant and unconstitutional.
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.
The Right to Fair Compensation provisions cannot be retroactively applied to acquisitions under the 1965 Act unless explicitly amended.
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 acquisition proceedings under the Land Development and Planning Act lapsed; fresh proceedings must be initiated for compensation assessment, reaffirming the limited applicability of the Land Acqu....
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
