Back
DEVASHIS BARUAH
Sawarmal Agarwalla S/O Lt. Nathmal Agarwalla – Appellant
Versus
Union Of India Rep. By The Ministry Of Roads, Transport And National Highways Etc. , New Delhi – Respondent
JUDGMENT :
1. These three writ petitions are taken up together for disposal taking into account the common issues and the similarity of the facts.
2. The facts involved in the writ petitions briefly stated are that in order to construct the Trans Arunachal High Way 52(B) from Kanubari to Bogibil Bridge Project, a land acquisition proceedings being LA Case No.13/2008 was registered and notification No.RLA3256/2010/11 dated 28.09.2011 was issued under Section 4 of the Land Acquisition Act, 1894, (for short “the Act of 1894”). The said notification was duly published in the manner set forth in Section 4(1) of the Act of 1984.
3. Pursuant to the said notification, there are various objections filed and proceedings under Section 5A of the Act of 1894 carried out. Pursuant thereto, on 06.01.2012, the declaration under Section 6 of the Act of 1894 was made holding inter alia that the land mentioned in the Schedule to the said Declaration was required to be acquired for public purpose.
4. The records further reveals that various persons submitted representations before the Govt. of Assam, Revenue Department and after receiving such representations, the Deputy Secretary to the Govt. of Assam, R
The final and conclusive nature of the award made under the Act of 1894 as regards the compensation to be paid, and the procedure for seeking reference for determination by the Court as provided in t....
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....
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.
Compensation in land acquisition must adhere to statutory requirements, including formal awards under section 11 of the Land Acquisition Act, or provisions of the updated Act of 2013 apply.
The Collector is statutorily obligated to refer disputes regarding compensation apportionment to the Court, and failure to do so renders any decision made without jurisdiction.
Section 11 A of 1894 Act read as period within which an award shall be made.
Compensation for requisitioned land lapses if not awarded timely, necessitating initiation of fresh acquisition proceedings, as per relevant statutory provisions.
The main legal point established in the judgment is that the acquisition proceedings lapsed as no award was made within 2 years of the declaration under Section 6 of the 1894 Act, and the State was d....
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
