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ARUN DEV CHOUDHURY
Ledo Tea Co. Ltd. – Appellant
Versus
State Of Assam – Respondent
JUDGMENT :
1. Heard Mr. B Sarma, learned counsel for the petitioner. Also heard Mr. R Barpujari, learned standing counsel for the Revenue Department and Mr. RK Talukdar, learned standing counsel for the NHIDCL.
2. The petitioners' tea-growing land under Ledo Tea Estate in Makum Mouza of Tinsukia district was acquired under the Land Acquisition Act, 1894 (hereinafter referred to as Old Act) for the construction of a bypass on National Highway 38. Accordingly, the land acquisition proceeding being LA case No. 47/2009 was initiated. Certain compensations were also paid, which was accepted by the petitioner under protest as well as possession was also handed over to the acquiring authority under protest.
3. It is the case of the petitioner that given the enactment of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as the New Act), which became operational on 01.01.2014, the petitioner is entitled for land acquisition compensation in terms of the New Act. However, as their prayer was rejected, the present writ petition was filed.
4. In the aforesaid context, Mr. Sarma, learned counsel for the petitioner
Compensation for land acquisition must be determined under the New Act if no valid award existed under the Old Act at the time of the New Act's enactment.
Compensation for land acquisition must be determined under the New Act if awards are passed after its enactment, regardless of prior proceedings under the Old Act.
Land acquisition proceedings lapse under Section 24(2) when compensation is not paid and possession is not taken for over five years, clarifying definitions of 'paid' and 'deposited'.
Land acquisition - No notice was issued to the writ petitioners before compensation amount was deposited by way of revenue deposit, the same would not result in compensation being payable in terms of....
The physical possession of the land and tendering of compensation discharge the state's obligation, and the land essential for public purpose cannot be released from acquisition.
Subsequent purchasers of land can only claim compensation based on their vendors' titles and cannot challenge acquisition proceedings initiated under different statutes.
Section 24 of the Right to Compensation Act does not apply to acquisitions initiated under the West Bengal Requisition and Acquisition Act; subsequent purchasers can only claim compensation based on ....
The acquisition process does not lapse under section 24(2) of the 2013 Act if compensation has been tendered to the landowners and possession of the land has been taken by the acquiring authority.
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