Back
MANOJ KUMAR GUPTA, KSHITIJ SHAILENDRA
Pyare Lal – Appellant
Versus
Union Of India – Respondent
JUDGMENT :
1. Heard Shri S.K. Mishra, learned counsel for the petitioners, Ms. Suman Jaiswal, learned counsel for respondent nos.1 and 5 in Writ-C No.31120 of 2019 and Shri Gautam Kumar, learned counsel for respondent nos.1 and 5 in Writ-C No.33836 of 2019 and Shri Rajiv Gupta, learned Additional Chief Standing Counsel for respondent nos.2, 3 and 4.
2. The petitioners in both the writ petitions have assailed the award dated 26.12.2015 passed by Special Land Acquisition Officer, Joint Organization, Bareilly, one of the respondents. The award has been purportedly made under the saving clause embodied in Section 24(1)(a) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short hereinafter referred to as 'the new Act, 2013').
3. The acquisition was initiated under the provisions of the Land Acquisition Act, 1894 (hereinafter referred to as 'the old Act). The notification under Section 4 read with Section 17 of the old Act was issued on 17.10.2005 followed by notification under Section 6 dated 16.10.2006. Since, the provisions of Section 17(4) and 17(1) were invoked at the time of issuance of notifications under Sections 4
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 court established that the New Act, 2013, governs compensation for land acquisitions under the Adhiniyam when the award is not finalized before the New Act's enforcement, ensuring compliance with....
Point of Law : Date of determination of market value should be recorded as 1.1.2014 in view of the Central Government orders under Section 113 of the Act.
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.
(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 is that the determination of market value under the 2013 Act is to be based on the date of the Section 4(1) Notification of 1894 Act, and the Land Acquisition Officer....
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....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
