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RAVI SHANKER JHA, ARUN PALLI
Hoshiyari Devi – Appellant
Versus
State of Haryana – Respondent
JUDGMENT
Ravi Shanker Jha, Chief Justice (Oral) - Besides the applicability of Section 24(2) of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred as Act of 2013), the issue posed before us to answer is as to whether Section 24(2) of Act of 2013 provide an arm or tool to question the legality of proceedings undertaken decades back on any ground including of discrimination; in clear ignorance of the delay and laches on the part of the land owner which otherwise disentitle him/ her to seek the relief being prayed for.
2. For the purpose of deciding the controversy involved, we deem it appropriate to notice certain elemental facts of the case in hand as pleaded before us by the respective parties. Vide the instant petition filed in the year 2016, the petitioners have prayed for issuance of a writ in the nature of Certiorari for quashing the acquisition notifications issued under section 4 and 6 of the Land Acquisition Act, 1894 (hereinafter referred as 'Act of 1894') dated 04.01.2002 and 31.12.2002 respectively; followed by the award dated 29.09.2004, thereby acquiring the land for public purpose namely, for t
The main legal point established in the judgment is that for the acquisition proceedings to lapse under section 24(2) of Act of 2013, both the conditions of physical possession and compensation payme....
The main legal point established in the judgment is that for lapsing of acquisition proceedings under Section 24(2) of the Act of 2013, both the conditions of physical possession and payment of compe....
The petition under Section 24(2) of the Act of 2013 must meet the gap period of five years, and the physical possession and compensation tender must be valid. The essentiality of the land for public ....
The main legal point established in the judgment is that for lapsing of acquisition proceedings under Section 24(2) of the Act of 2013, both the conditions of physical possession and payment of compe....
The physical possession of the land and the tendering of compensation are essential conditions for the lapse of acquisition proceedings under Section 24(2) of the Act of 2013.
The main legal point established in the judgment is that for the acquisition proceedings to lapse under Section 24(2) of Act of 2013, both the contingencies of non-possession and non-payment of compe....
The main legal point established is that under Section 24(2) of the Act of 2013, the lapse of acquisition proceedings is contingent upon the non-payment of compensation and non-possession of the land....
The physical possession of the land and tendering of compensation discharge the state's obligation, and the land essential for public purpose cannot be released from acquisition.
Lapse of land acquisition proceeding – After acquisition of land and passing of award, land vests in State free from all encumbrances – Vesting of land with State is with possession – Any person reta....
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