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M. DHANDAPANI
Satpal Singh Ahluwalia – Appellant
Versus
State of Tamil Nadu, Rep. by its Secretary, Chennai – Respondent
JUDGMENT
(Prayer: Writ Petition filed under Article 226 of the Constitution of India praying this Court to issue a writ of certiorarified mandamus calling for the records of the 3rd respondent dated 29.03.2012 in proceeding PRC No.B1/1645/2012 and consequent Award No.1/2012 dated 31.07.2012 and consequent revised Award No.1/2014 dated 30.05.2014 passed by the 3rd respondent and pending on the file of the 5th respondent, quash the same holding that the Land Acquisition proceedings have lapsed and in any event direct the respondents 2 and 3 to apply the Right to Fair Compensation and Transparency in Land Acquisition Act, 2013, to the impugned land acquisition proceedings relating to the scheduled mentioned land of the petitioners including for the purpose of determination of compensation.)
1. Seven parcels of land, as mentioned in the schedule annexed to the writ petition, purportedly belonging to the petitioners, were sought to be acquired for the purpose of establishment of a power sub-station at the behest of the 4th respondent by issuance of notification u/s 4 (1) of the Land Acquisit
The revised award passed after the expiry of two years from the date of Declaration was deemed to be a fresh award, and the acquisition proceedings stood lapsed under Section 11-A of Act, 1894. The c....
No lapse of proceedings under the Act of 1894 occurs if compensation has been paid and possession of the acquired land has been assumed, even if no award has been made.
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 final and conclusive nature of the award made under the Act of 1894 as regards the compensation to be paid, and the procedure for seeking reference for determination by the Court as provided in t....
The main legal point established in the judgment is that the acquisition proceedings lapsed as no award was made within 2 years of the declaration under Section 6 of the 1894 Act, and the State was d....
The proviso to S.24 of the 2013 Act applies to awards made within five years prior to the 2013 Act's commencement, entitling beneficiaries to compensation under the 2013 Act.
(1) Lapse of land acquisition proceeding – Section 11A of 1894 Act and Section 25 of 2013 Act prescribe two different periods of limitation with adverse consequences, as on failure to make award acqu....
The determination of compensation under the provisions of the 2013 Act should apply to land acquisition proceedings initiated under the 1894 Act but not concluded with an award, and the failure to pu....
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