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RAJAN ROY, RAVI NATH TILHARI
Union Of India – Appellant
Versus
Keshan – Respondent
JUDGMENT :
1. These are two writ petitions, one bearing Writ Petition no.202 (L/ A) of 2014 by the Union of India whereas the other bearing Writ Petition No.24178 (L/A) of 2020 is by the private opposite parties of the earlier writ petition.
2. The Union of India has challenged an order dated 19.05.2014 passed by the Additional District Magistrate (Land Acquisition), Joint Organization, Lucknow. In the connected petition, the private persons have sought compensation for the land which is in possession of the Central Reserve Police Force (petitioner no.2 of W.P. No.202 (L/A of 2014), on the basis of the order dated 19.05.2014, that is, the very order which is impugned by the Union of India.
3. The dispute herein relates to Khasra No.1170 (area 1-3-0), Khasra No.1141 Sa (1-10-0), Khasra No.1141 Sa (area 0-5-0) and Khasra No.1200 (area 1-0-0). All the lands are situated in Village and Pargana-Bijnor, Tehsil & District-Lucknow.
4. For convenience, Writ Petition No. 202 (L/A) of 2014 has been treated as the leading writ petition.
5. The facts of the case, in brief, are that a proposal for acquisition of about 159 acres of land was sent by petitioner No.2 to the State Government for the purpo
The main legal point established in the judgment is that under Section 24(2) of the Fair Compensation Act, the acquisition proceedings would lapse if the possession of the land was not taken and comp....
Once possession is taken by the State after acquisition, the land vests in the State free from all encumbrances. The deposit of compensation in the Government Treasury prior to the enforcement of the....
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....
Section 24(2) of the 2013 Act does not create a new cause of action to question finalized land acquisition proceedings where possession was taken and compensation paid.
The main legal point established in the judgment is that for the acquisition proceedings to lapse under Section 24(2) of the 2013 Act, the landowner must prove that possession was not taken and compe....
State authorities must follow legal procedures for property acquisition, ensuring citizens' rights to legal remedies and compensation for unlawful dispossession, as stipulated under Article 300-A of ....
Acquisition of Land – Possession of land - Provisions of Section 24(2) providing for a deemed lapse of proceedings are applicable in case authorities have failed due to their inaction to take possess....
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