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IN THE HIGH COURT OF JHARKHAND AT RANCHI
DEEPAK ROSHAN
Additional Director General – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
The instant writ petition has been filed, inter alia, for quashing of the order dated 08.07.2022 passed by the 2nd Respondent (Deputy Commissioner, Ranchi) in Misc. Case No. 8 R28/2018-19; wherein the land situated within Mouza Siram in the District of Ranchi appertaining to Municipal Survey Plot No. 851 admeasuring at area of 3.75 acres and the land appertaining to Municipal Survey Plot No. 908 admeasuring an area of 1.657 acres (hereinafter referred to as the scheduled property/property forming subject matter of the instant application), has been released in favour of 3rd & 4th Respondents; on the ground that the impugned order has been passed in contravention to the Section 6(2) of the Requisitioning and Acquisition of immovable Property Act, 1952 read with Rule 7 of the Requisition and Acquisition of Immovable Property Rules, 1953.
2. Mr. Anil Kumar, the Ld. Additional Solicitor General of India, appearing for the Petitioner submits that the right, title and interest of the scheduled property is vested with the Petitioner, free from any and all encumbrance. As per him the scheduled land was acquired by the Union of India and this was notified vide Notification dated 20
Acquisition of land requires payment of compensation to be valid; without it, the acquisition is void ab initio.
State legislation cannot provide lesser compensation than that guaranteed under parliamentary law, rendering it repugnant and unconstitutional.
Land acquisition proceedings are invalid if statutory requirements are not met, particularly regarding notifications and timelines, as established by the Land Acquisition Act and the 2013 Act.
If there is failure to publish notification in two daily newspapers, notification and consequential proceedings for acquiring land would stand vitiated for non-compliance of essential conditions of S....
Landowners whose land is acquired for public purposes are entitled to fair compensation under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act,....
Compliance with statutory requirements for land acquisition is critical, but national interest may override individual objections when procedures are followed. The court upheld the legality of the ac....
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