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PANKAJ MITHAL, RAJNESH OSWAL
Nisar Ahmed Ganai – Appellant
Versus
Union Territory of J&K – Respondent
JUDGMENT :
Pankaj Mithal, J.
1. All the three writ petitions are identical and similar on facts. They give rise to a common question of law and, as such, have been taken up together with the consent of the parties.
2. The petitioners through the medium of these writ petitions under Article 226 of the Constitution of India want that the respondents be restrained from passing an award under Section 11 of the repealed Land Acquisition Act, Svt. 1990 which is in pari materia with the Land Acquisition Act, 1894 and, that they should be paid compensation of their acquired land in accordance with the provisions of Section 24 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as 'the new Act').
3. In addition to the above primary relief claimed in the writ petitions, the petitioners have also prayed that the notification dated 15.11.2016 issued under Section 4 of the Land Acquisition Act (for short 'the Act') and the declaration dated 12.11.2018 issued under Section 6 of the Act as also the ancillary notices issued under Section 9 A and 9 B of the Act be quashed.
4. Heard Sh. Jatinder Choudhary, learned coun
The main legal point established is that in cases where land acquisition proceedings were initiated under a repealed Act and no award was made, the provisions of the new Act regarding compensation de....
The main legal point established in the judgment is that the acquisition proceedings would continue under the old Land Acquisition Act if the award was passed before the commencement of the new Act, ....
Land acquisition - No appeal lies under Section 260-A of the Act against an order rejecting the application filed under Section 254(2) of the Act.
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....
The court established that the New Act, 2013, governs compensation for land acquisitions under the Adhiniyam when the award is not finalized before the New Act's enforcement, ensuring compliance with....
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.
The relevant date for determining compensation in land acquisition proceedings initiated under the old Act, where the award could not be made by the time the new Act, 2013 came into force, is 01.01.2....
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