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IN THE HIGH COURT OF MADHYA PRADESH AT INDORE
VIVEK RUSIA
Kesar Singh – Appellant
Versus
Principal Secretary State Of M.P. – Respondent
| Table of Content |
|---|
| 1. petitions contest land acquisition notifications. (Para 1 , 2 , 3) |
| 2. petitioner's objections to the acquisition. (Para 4) |
| 3. grounds raised by the petitioner against the acquisition. (Para 5 , 6) |
| 4. arguments on the need for a housing scheme before acquisition. (Para 10 , 12 , 16) |
| 5. court's observations on necessity of housing schemes. (Para 22 , 23 , 24) |
| 6. mandate for proper objection hearings. (Para 25 , 28) |
| 7. outcome of the petitions and consequences of noncompliance. (Para 36 , 37) |
ORDER :
Vivek Rusia, J.
All the petitioners being land owners have filed these present petitions under Article 226 of the Constitution of India challenging the notification dated 06.04.2012 passed under Section 4 of the LAND ACQUISITION ACT , 1894 (hereinafter referred to as the “L.A. Act”), orders dated 22.03.2013 & 30.03.2013 passed under Section 5A of the L.A. Act and declaration dated 04.04.2013 under Section 6 of the L.A. Act.
2. This order shall govern the disposal of aforesaid Writ Petitions. Regard being had to the similitude of the controversy involved in these petitions, they have been heard analogously and disposed of by this singular order. For the sake of convenience, fact
Court held that land acquisition proceedings are invalid if statutory requirements, such as preparing a housing scheme and addressing objections, are not fulfilled, leading to non-compliance with the....
The initiation of proceedings for acquisition of land for the purposes of the Karnataka Housing Board, invoking the power under Section 33(2) of the Karnataka Housing Board Act, 1962, without the hou....
Acquisition of land for housing requires strict adherence to statutory approval processes to ensure it serves a public purpose, failure to comply invalidates the acquisition.
Even though there is no period of limitation for filing petitions under Articles 32 and 226 of the Constitution, the petitioner should approach the Court without loss of time and if there is delay, t....
Land acquisition proceedings are invalid if statutory requirements are not met, particularly regarding notifications and timelines, as established by the Land Acquisition Act and the 2013 Act.
Interpretation of the word “implementation” occurring in Section 54 of the Adhiniyam.
Acquisition of land – Hearing of objections – SDO has been conferred powers to act only as Land Acquisition Officer under land acquisition notification – Hearing of objections is a sacrosanct act tre....
If there is failure to publish notification in two daily newspapers, notification and consequential proceedings for acquiring land would stand vitiated for non-compliance of essential conditions of S....
The main legal point established in the judgment is the requirement for the appropriate government to challenge orders in land acquisition proceedings, the significance of possession, and the validit....
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