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IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M.SUBRAMANIAM, K.SURENDER
Power Grid Corporation of India Limited – Appellant
Versus
Satpal Singh Ahluwalia, S/o.Late Santokh Singh Ahluwalia – Respondent
| Table of Content |
|---|
| 1. factual background of land acquisition proceedings. (Para 2 , 3) |
JUDGMENT :
S.M.Subramaniam J.
The order under assail is dated 25.07.2022 passed in W.P.No.15495 of 2015. The 4th respondent in the writ petition Power Grid Corporation of India filed the present intra Court appeal under Clause XV of the Letters Patent mainly on the ground that the impugned writ order as well as the directions issued would fall beyond the scope of Section 24(1)(a) of the Right to Fair Compensation and Transparency in Land Acquisition Act , 2013 (hereinafter referred to as 'the Act') (Act 30 of 2013).
2. Mr.AR.L.Sundaresan, learned Additional Solicitor General appearing for the appellant would mainly contend that, the acquisition proceedings commenced on 07.09.2011 and after following the procedures as contemplated under the Land Acquisition Act of the year 1894, an award came to be passed on 31.07.2012 under Section 11 of the old . After passing an award on 31.07.2012, notice under Section 12(2) of the 1894 Act was issued. The land owners received the compensation. The first respondent / writ petitioner, in response through his letter dated 16.08.2012, authorised one Mr.M.Sivakumar to re
Amendments to an existing land acquisition award do not create a new award under the Right to Fair Compensation and Transparency in Land Acquisition Act, 2013.
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....
(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 main legal point established in the judgment is that the acquisition proceedings would continue under the old Land Acquisition Act if the award was passed before the commencement of the new Act, ....
Compensation for land acquired under the old Act must be determined using the provisions of the new Act if the award was not made before the new Act's commencement.
Acquisition of land – Where no award under Section 11 of Act of 1894 has been made, then, all provisions of new Act of 2013 relating to determination of compensation would apply.
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 for requisitioned land lapses if not awarded timely, necessitating initiation of fresh acquisition proceedings, as per relevant statutory provisions.
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