Back
KARDAK ETE
Gillapukri Tea Company Limited – Appellant
Versus
State Of Assam – Respondent
Heard Mr. S. K. Kejriwal, learned counsel for the petitioner. Also heard Ms. G. Hazarika, learned Standing Counsel, Revenue and D.M. (LR) Department for respondent No.1, Ms. U. Das, learned Addl. Senior Government Advocate, Assam for the respondent Nos.2 & 3 and Mr. S. Das, learned counsel for the respondent No.4.
2. By filing this writ petition, the petitioner has challenged the impugned letter dated 06.02.2014, issued by the Deputy Secretary to the Govt. of Assam, Revenue & D.M. (LR) Department, whereby an award amounting to Rs.5,95,41,736/- (Rupees five crore ninety five lakh forty one thousand seven hundred and thirty six) only has been approved in connection with acquisition of land for construction of “Plastic Park” in Village Gillapukhuri Tea Estate in respect of L.A. Case No.1/2008/Pt.I. The challenge is also made to the acquisition proceedings initiated under the Land Acquisition Act, 1894 (here-in-after referred to as ‘the L.A. Act, 1894’), after coming into force of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (here-in-after referred to as ‘the LARR Act, 2013’), which had come into force w.e.f. 01.01.2014,
The main legal point established in the judgment is the application of Section 24(1)(a) of the LARR Act, 2013, which mandates the determination of compensation under the provisions of the LARR Act, 2....
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.
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.
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....
Section 24(1)(a) of the Act, 2013 applies only to land acquisition proceedings initiated under the Land Acquisition Act, 1894, and not to acquisitions initiated under any other Central or State enact....
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
