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SUNITA AGARWAL, ANIRUDDHA P. MAYEE
State Of Gujarat – Appellant
Versus
Lt. Col. Dinkar Nathubhai Desai – Respondent
JUDGMENT :
SUNITA AGARWAL, J.
This intra-court Appeal is directed against the judgment and order dated 21.4.2023 passed by the learned single Judge, whereby the writ petition filed by the respondent has been disposed of with the direction to the respondents-the appellants herein to initiate appropriate proceedings under the provisions of the Right to Fair Compensation in Land Acquisition Rehabilitation and Resettlement Act, 2013 (in short ‘the Act, 2013’) for regularising the acquisition of land admeasuring 64750 Sq.Mtrs, which was allotted to the original petitioner in the year 1970, within a period of three months from the date of receipt of the copy of the order. Further direction to the respondents-the appellants herein is that they shall complete the entire procedure of payment of compensation under the Act, 2013 within a period of three months from the date of receipt of the order.
2. The instant appeal has been instituted on behalf of the State of Gujarat through the Secretary, Revenue Department. The Deputy Executive Engineer, Road and Building Division-1, Airport Authority of India and the Collector, Surat have been joined as the other appellants. The challenge to the order o
The main legal point established is that the petitioner's failure to demonstrate reclamation and payment of lease rent as per the lease conditions resulted in the rightful transfer of possession to t....
Point of law: Act of the appellant-State Government is arbitrary and illegal in denying the compensation to the real owner.
No award under Section 11 of 1894 Act for specific land post Section 6 declaration causes lapse under Section 11A; mandates fresh acquisition under 2013 Act; delay/laches inapplicable, protects Artic....
The court established that land once acquired vests with the State, and claims of non-possession or non-payment do not negate the validity of the acquisition.
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....
The main legal point established is that under Section 24(2) of the Act of 2013, the lapse of acquisition proceedings is contingent upon the non-payment of compensation and non-possession of the land....
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....
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