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SUJIT NARAYAN PRASAD, SUBHASH CHAND
Shankar Mahato S/o Late Sitaram Mahato – Appellant
Versus
State of Jharkhand – Respondent
ORDER :
I.A. No. 1844 of 2022
1. The present Interlocutory Application has been filed for condonation of delay of 64 days in filing the instant appeal.
2. Heard learned counsel for the parties.
3. No counter affidavit has been filed opposing the prayer for condoning the delay.
4. Having regard to the averments made in this application, we are of the view that the appellants were prevented by sufficient cause from preferring the appeal within the period of limitation.
5. Accordingly, I.A. No. 1844 of 2022 is allowed and delay of 64 days in preferring the appeal is condoned.
L.P.A. No. 210 of 2018
6. The instant intra-court appeal, under Clause 10 of the Letters Patent, is directed against order dated 11.12.2017 passed by learned Single Judge in W.P. (C) No. 4109 of 2014, wherein prayer has been made for setting aside the land acquisition proceeding being L.A. Case No. 11 of 1958-59 which was initiated by issuance of a notification under section 4(1) read with Section 17 of the Land Acquisition Act, 1894 (hereinafter referred to as “the Act, 1894”) for acquisition of 24.78 acres land situated in Mauza-Saraidhela, P.S. Saraidhela, District-Dhanbad, Jharkhand (hereinafter called the said land)
The main legal point established in the judgment is the interpretation of Section 24(2) of the Act of 2013, emphasizing the conditions for lapsing of acquisition proceedings and the essentiality of t....
The main legal point established in the judgment is that for lapsing of acquisition proceedings under Section 24(2) of the Act of 2013, both the conditions of physical possession and payment of compe....
Lapse of land acquisition proceeding – After acquisition of land and passing of award, land vests in State free from all encumbrances – Vesting of land with State is with possession – Any person reta....
Section 24(2) of Act of 2013 does not give rise to new cause of action to question the legality of concluded proceedings of land acquisition. Section 24 applies to a proceeding pending on the date of....
The petition under Section 24(2) of the Act of 2013 must meet the gap period of five years, and the physical possession and compensation tender must be valid. The essentiality of the land for public ....
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.
The interpretation of Section 24(2) clarified the conditions for lapsing of acquisition proceedings and emphasized that Section 24(2) does not give rise to new cause of action to question the legalit....
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