Back
IN THE HIGH COURT OF CHHATTISGARH
Amitendra Kishore Prasad
Devnath Sinha S/o Late Mohan Lal Sinha – Appellant
Versus
State Of Chhattisgarh through The Secretary, Department Of Housing And Environment, Mantralaya, Naya Raipur C.G. – Respondent
Order :
(Amitendra Kishore Prasad, J.)
1. The present writ petition has been filed by the petitioners with the following prayers:-
“10.1 That, this Hon'ble Court may kindly be pleased to call for the entire records pertaining to the Land Acquisition case No. 7-A/82/2012- 13 which is pending before the Sub Division Officer.
10.2 That, this Hon'ble Court may kindly be pleased to quash the entire Land Acquisition Proceeding pending before Sub Divisional Officer-Cum-Land Acquisition Officer, Arang- Abhanpur, in Land Acquisition Case No. 7-A/82/2012-13.
10.3 This Hon'ble Court may kindly be quash the notification issued under Sections 4, 6 & 9 of the Land Acquisition Act in Revenue Case No. 7-A/82/2012-13.
10.4 Any other relief, which this Hon'ble Court may deem fit and proper, may also be passed in favour of the petitioner together with cost of the petition.
10.5 That, this Hon'ble Court pleased to quash the notification under Section 6 of the Land Acquisition Act and notice under Section 9 of the Act.
10.6 That, this Hon'ble Court may kindly be pleased to quash the award dated 29-06-2015 passed in Land Acquisition Case No.7-A/82/2012-13”.
2. The petitioners are challenging the Land Acquisition
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.
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.
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.
Section 24(2) of Act of 2013 does not give rise to new cause of action to question the legality of concluded proceedings of land acquisition. Section 24 applies to a proceeding pending on the date of....
Land Acquisition – Possession not taken - Lapse of proceedings – stale and dead claims cannot be permitted to be canvassed on the pretext of enactment of Section 24
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
