SANJAY V. GANGAPURWALA, P. D. AUDIKESAVALU
S. Jayanthi – Appellant
Versus
Commissioner & Secretary to Government, Agriculture Department, State of Tamil Nadu, Chennai – Respondent
JUDGMENT
(Prayer: Writ appeal filed under Clause 15 of the Letters Patent to set aside the order dated 09.09.2022 passed in W.P.No.23869 of 2022 on the file of this Court.)
Sanjay V. Gangapurwala, CJ.
We have heard Mr.R.Gururaj, learned counsel for the appellant.
2. The appellant challenges the judgment passed by the learned Single Judge of this Court dated 09.09.2022 in W.P. No. 23869 of 2022. Before the learned Single Judge, the appellant has challenged the notification dated 25.06.1980 and 20.06.1983, that is, the notification and declaration issued under Sections 4 and 6 of the Land Acquisition Act, 1894. The learned Single Judge of this Court dismissed the writ petition. The Court observed that the claim of the appellant is a stale claim and the property purchased by the appellant is after the award has been passed.
3. The learned counsel for the appellant vehemently contends that the vendor of the appellant was never issued with the notice under Section 4 of the Land Acquisition Act nor any amount of compensation was paid to him. The notifications challenged are illegal and do not stand to any reason. There is nothing on record to conclude that the property in question is a temple
The subsequent purchaser had no locus to challenge the acquisition and/or lapsing of the acquisition, and the property vested absolutely in the Government free from all encumbrances under Section 16 ....
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 truthful claims and participation in legal proceedings, and upheld the validity of the invocation of the Central Act for land acquisition.
Subsequent purchasers cannot challenge notifications issued under the Land Acquisition Act as established in prior case law.
Subsequent purchasers post-notification under the Land Acquisition Act cannot challenge acquisition proceedings, as such sales are deemed void and they may only seek compensation.
A subsequent purchaser has no right to challenge the original acquisition or claim any benefits under the Land Acquisition Act 1894. The sale transaction after the issuance of the Section 4(1) notifi....
Substantial compliance with statutory procedures and proper intimation and hearing of affected parties are essential for valid land acquisition.
The principle of res judicata applies to bar subsequent challenges to notifications under the Land Acquisition Act, and delay and laches in challenging land acquisition proceedings render the petitio....
The court held that the Acquiring Authority did not meet the conditions for lapsing provisions under the Act of 2013, allowing the petitions for land compensation.
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....
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