Back
VIVEK AGARWAL
Rajesh Kumar Tiwari – Appellant
Versus
State of M. P. – Respondent
ORDER
1. This petition is filed on the ground that certain land acquisition proceedings were initiated in the year 1991 when notice for acquiring land under section 4 of the Land Acquisition Act, 1894 (for brevity 'the Act of 1894') was issued.
2. Petitioner's contention is that though the land was acquired, no compensation was paid to him and therefore, in terms of the provisions contained in section 24 (2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as "the Act of 2013"), the proceedings stand lapsed and therefore, there are only two options to the State either to initiate fresh proceedings or to return the land pertaining to the present petitioner.
3. Learned counsel for the State Shri Harpreet Singh Ruprah along with the Collector, Rewa present in person, submits that the land was purchased by the petitioner vide registered sale deed dated 4.7.1986. Notice under section 4 of Act of 1894 was issued on 10.5.1991. Thereafter notice was given under section 9 (3) of the Act of 1894 on 20.9.1991. On 15.10.1991, the petitioner appeared before the Land Acquisition Officer and filed reply along w
The fulfillment of conditions regarding possession and compensation is crucial in determining the lapsing of acquisition proceedings under the 2013 Act.
The main legal point established is that the entitlement to relief under Section 24(2) of the Act of 2013 is contingent upon the timing of possession of acquired lands and the deposit of compensation....
The delay in approaching the court did not debar the petitioner from seeking remedy under Article 226 of the Constitution of India. The demand for justice was compelling, and the court emphasized the....
The application of Section 24(2) of the Act, 2013 does not revive stale claims or reopen concluded proceedings but applies to pending proceedings as on its enforcement date.
The judgment establishes the importance of physical possession and disbursement of compensation in determining the lapsing of acquisition proceedings under the 2013 Act.
Lapse of land acquisition proceeding – Subsequent purchaser is not entitled to claim lapsing of proceedings under Act, 2013.
The publication of land acquisition notices in one newspaper does not invalidate proceedings if the affected party received notice, and prior judicial findings are binding unless overturned by a larg....
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
