Back
IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
Vijay Bishnoi, N. Unni Krishnan Nair
State of Assam, represented by the Commissioner & Secretary to the Government of Assam, Department of Revenue & Disaster Management (L.R.) – Appellant
Versus
On the death of Ananta Ram Nath, his legal heirs – Respondent
JUDGMENT & ORDER (CAV)
Vijay Bishnoi, CJ.
These writ appeals are preferred by the State being aggrieved with the judgment & order dated 15.03.2017 passed by the learned Single Judge in WP(C) No.5730/2014 and WP(C) No.6397/2014. The learned Single Judge, vide the impugned judgment, has allowed the writ petitions filed by the writ petitioners with a direction to the State respondents (appellants herein) to determine the compensation payable to the private respondents/writ petitioners on the basis of the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter to be referred as the “Act of 2013”) and to pay such compensation expeditiously by adjusting the amount already paid to the writ petitioners.
2. The brief facts necessary for adjudication of the writ appeals are that the Government of India and the Government of Assam, in collaboration with 6(six) private/ public companies, had decided to establish Indian Institute of Information Technology at Guwahati (hereinafter to be referred as “IIIT, Guwahati”). For the purpose of establishment of IIIT, Guwahati, proceedings for acquisition of land were initiated
The date of approval of the land acquisition award determines the applicable compensation law, affirming entitlement under the 2013 Act when approved after its enactment.
Amendments to an existing land acquisition award do not create a new award under the Right to Fair Compensation and Transparency in Land Acquisition Act, 2013.
Acquisition of land – Where no award under Section 11 of Act of 1894 has been made, then, all provisions of new Act of 2013 relating to determination of compensation would apply.
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 court affirmed the obligation of the state to pay compensation for land acquisition as mandated by law, emphasizing the validity of the award and the constitutional right to property.
The RFCTLARR Act, 2013 does not retroactively apply to compensation awards made prior to its enactment, but interest is due for delayed disbursement of compensation.
The court established that incomplete land acquisition proceedings under the 1948 Act lapse under Section 24(1)(a) of the 2013 Act, mandating compensation determination according to the latter.
Where Section 24(1)(a) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (2013 Act) applies, i.e. where there is no Award on the date o....
Failure to pass an award within 12 months post-enactment of the new land acquisition legislation results in lapse of the acquisition proceedings initiated under the old legislation.
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
