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RAJAN ROY, RAVI NATH TILHARI
Union Of India – Appellant
Versus
Keshan – Respondent
| Table of Content |
|---|
| 1. introduction of writ petitions (Para 1 , 2 , 3 , 4) |
| 2. facts regarding land acquisition and ownership (Para 5 , 6 , 7 , 8 , 9 , 10 , 11) |
| 3. ownership and possession of the land (Para 12 , 13 , 14) |
| 4. previous court orders regarding compensation (Para 15 , 16) |
| 5. arguments from the petitioners (Para 17 , 18 , 20 , 22) |
| 6. court's rulings on jurisdiction and procedures (Para 24 , 25) |
| 7. findings on resumption and rights of landowners (Para 27 , 28 , 29 , 30 , 31) |
| 8. court's directive for land acquisition and compensation (Para 32 , 33) |
| 9. conclusion and order of the court (Para 34 , 35) |
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 basi
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....
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