MUNISHWAR NATH BHANDARI, N. MALA
B. Nagaraj – Appellant
Versus
State of Tamil Nadu, Rep. by its Secretary, Industries Department, Chennai – Respondent
JUDGMENT
(Prayer: Writ Appeal No.1204 of 2022 filed under Clause 15 of Letters Patent against the order dated 13.12.2021 passed by the learned Single Judge, in W.P.No.28331 of 2014 on the file of this Court.)
Common Judgment:
Munishwar Nath Bhandari, CJ.
1. The Writ Appeals have been preferred to challenge the judgment dated 13.12.2021, by which a batch of Writ Petitions to challenge the acquisition of the land under the Land Acquisition Act, 1894 and even in reference to Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition and Rehabilitation and Re-settlement Act, 2013 (Act 30 of 2013), was dismissed.
2. The learned counsel for the appellants submitted that the Notification under Section 4(1) of the Act of 1894 was issued on 04.12.1990 and the Declaration under Section of the Act of 1894 was issued on 27.07.1992, followed by the Award, dated 26.08.1994. The said Award lapsed as per the provisions of the Act of 1894 and Section 24(2) of the Act of 2013. However, it is in fact admitted by the learned counsel for the appellants that the Writ Petitioners purchased the lands after entering into the agreement in the year 2010, i.e., much subsequent to the Noti
A purchaser of the land after the issuance of Notification under Section 4 of the Land Acquisition Act, 1894 has no right to challenge the acquisition proceedings and can only claim compensation. Any....
The court emphasized the importance of public purpose over individual interests in land acquisition proceedings and affirmed the impugned notifications and the consequent award.
The necessity of tendering compensation and the assumption of possession by the acquiring authority as statutory requirements, which displaced the petitioners from claiming parity with other estate h....
Where no award has been made under the Land Acquisition Act, 1894, the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, re....
Once possession is taken and an award is passed, challenges to land acquisition proceedings are not maintainable, and remedies for compensation must be sought through reference proceedings.
The fulfillment of conditions regarding possession and compensation is crucial in determining the lapsing of acquisition proceedings under the 2013 Act.
The judgment establishes the importance of physical possession and disbursement of compensation in determining the lapsing of acquisition proceedings under the 2013 Act.
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