Back
SUNITA AGARWAL, PRANAV TRIVEDI
Patel Ishwarbhai Kalidas – Appellant
Versus
Special Land Acquisition Officer (Narmada Project) – Respondent
ORDER :
SUNITA AGARWAL, C.J.
1. Heard learned counsel appearing for the petitioners and perused the record. Learned advocate Mr. M.B. Gohil for respondent no. 2. is present through hybrid mode.
2. By means of the present petition, the petitioners (7 in number) seek the following reliefs :-
(C) Be pleased to issue an appropriate writ, order or direction quashing and setting aside the impugned award declared by Land Acquisition Ofiicer bearing case no. 19 of 1997 at Annexure-B as no nest, unenforceable and void as no possession of the land was taken and no compensation was paid and the proceedings were never concluded.
ALTERNATIVELY
This Hon’ble Court may be pleased to issue appropriate writ, order or direction calling upon respondents to release the petitioner’s land at annexure-A as stated in Annexure-A to this petition.”
2.1. During pendency
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.
Once possession of the acquired land is taken, the government has no power to release the land under Section 48 of the Land Acquisition Act, 1894.
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 in the judgment is that for the acquisition proceedings to lapse under Section 24(2) of the 2013 Act, the landowner must prove that possession was not taken and compe....
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....
Timely challenges are essential in land acquisition disputes; relief cannot be granted due to inordinate delay as established by the court's reaffirmation of the principle of laches.
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....
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
