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KALYAN RAI SURANA, N. UNNI KRISHNAN NAIR
Union of India through the Director General, ITBP, New Delhi – Appellant
Versus
State of Arunachal Pradesh – Respondent
JUDGMENT :
N. UNNI KRISHNAN NAIR, J.
1. Heard Mr. Marto Kato, learned DGSI, appearing on behalf of the appellants. Also heard Mr. Subu Tapin, learned Senior Government Advocate, Arunachal Pradesh, appearing on behalf of respondents No. 1 & 3 and Mr. Dugmar Kamduk, learned standing counsel, Land Management Department, Arunachal Pradesh, appearing on behalf of respondent No. 2; in both these writ appeals; as well as Mr. Rituraj Biswas, learned counsel, along with Mr. Sunil Mow, learned counsel, appearing for respondents No. 4, 5 & 6, in WA No. 41 (AP) 2022 and for respondents No. 8, 9 & 10, in WA No. 42 (AP) 2022; as well as Mr. Rintu Saikia, learned counsel, appearing on behalf of respondents No. 7, 8, 9 & 10; in WA No. 41 (AP) 2022 and for respondents No. 4, 5, 6 & 7, in WA No. 42 (AP) 2022.
2. The present intra-Court appeals have been instituted by the appellants, raising a grievance against the order, dated 08.09.2022, passed by the learned Single Judge in IA (C) 117 (AP) 2022 [in WP (C) 211 (AP) 2022] along with WP (C) 190 (AP) 2022 and WP (C) 211 (AP) 2022.
3. The issue arising in the present appeals was a subject-matter of earlier proceedings instituted before this Court by and be
The court affirmed the principle of res judicata, ruling that the appellants could not challenge the finality of the Land Acquisition Award in subsequent petitions.
The judgment emphasizes the importance of compliance with the Land Acquisition Act and the availability of remedies under Section 64 for resolving grievances related to compensation and acquisition p....
The court affirmed the obligation to pay compensation for land acquisition, emphasizing the learned Single Judge's jurisdiction to direct payment when no challenge to the award existed.
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....
Section 11A of Act, Collector has to make an award under Section 11 within a period of two years from date of publication of declaration and if no award is made within that period, entire proceedings....
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.
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 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.
The obligation of the State to ensure just and reasonable compensation for the deprivation of property, as per the Constitution and relevant statutes.
when there is a dispute between rival claimants, though not they appeared before the Acquisition Officer, still, they can claim compensation awarded under the Award.
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