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HARKESH MANUJA
Krishan Singh – Appellant
Versus
State of Punjab – Respondent
| Table of Content |
|---|
| 1. acquisition of land under 1894 act. (Para 1) |
| 2. petitioners' representations for compensation. (Para 2) |
| 3. legal argument against 1894 act's application. (Para 3) |
| 4. legal issues raised regarding compensation. (Para 4) |
| 5. state's defense to compensation claims. (Para 5) |
| 6. court's detailed analysis on property rights. (Para 6 , 8 , 9 , 10 , 11 , 12) |
| 7. application of 2013 act for compensation. (Para 13 , 14 , 15) |
| 8. ordering a new compensation assessment. (Para 16) |
| 9. entitlement to damages for occupation. (Para 17) |
| 10. conclusion and disposition of writ petition. (Para 18 , 19 , 20) |
JUDGMENT
Mr. Harkesh Manuja, J.
Briefly stating, facts of the case are that State of Punjab/respondent No.1 issued notification dated 20.11.2006, under Section 4 of the LAND ACQUISITION ACT , 1894 (hereinafter referred as 1894 Act') for acquisition of land measuring 602.25 acres for the public purpose namely; construction of embankments and widening of river Ghaggar from Khanauri to Village Karail (RD 58000 to RD 13343) of Tehsil Moonak, District Sangrur in Punjab territory for increasing its capacity to save the agriculture land and village abadis from floods in river Ghaggar in Punjab. Subseq
Where Section 24(1)(a) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (2013 Act) applies, i.e. where there is no Award on the date o....
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.
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....
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.
Point of Law : State has not been diligent in pursuing its case where identical issues were involved before this Court.
The effect of interim orders on acquisition proceedings and the entitlement to compensation under the Act of 2013, as influenced by the interpretation of Section 24(1)(a) and the Faizabad Ayodhya Dev....
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.
Subsequent purchasers of land can only claim compensation based on their vendors' titles and cannot challenge acquisition proceedings initiated under different statutes.
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