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SUREPALLI NANDA
Muralidhar Singh – Appellant
Versus
District Collector, Hyderabad District – Respondent
ORDER :
Heard the learned counsel for the petitioners and Sri N.Ashok Kumar, learned Standing Counsel for GHMC.
2. The case of the petitioners, in brief, is that the respondent No. 1 issued Notification, dated 25-04-2006, No. D3/2760/2006 under Section 4(1) of the old Land Acquisition Act, 1894 (for short ‘1894 Act) to acquire 212.74 sq. yds of petitioner No. 1’s land and the subject land is located near Afzia Towers near Begumpet, Hyderabad. Section 5-A inquiry of 1984 Act was dispensed with invoking urgency clause and Draft Declaration under Section 6 of 1894 Act dated 29.04.2006 was issued, but neither award was passed nor compensation was paid as per Section 11 of 1894 Act. On 15.07.2006 respondents (GHMC) decided to acquire 157.76 Sq.Yds. On 29.09.2006, a letter was addressed by respondent No. 3 to petitioner No.1 stating that only 57.20 sq.yds. of land would be acquired. On 10.10.2006, petitioner No. 1 addressed letter to respondents stating that petitioners agreed for TDR (Transfer of Development Rights). But the respondents did not issue TDR till 2016. On 20.12.2006 petitioners filed present writ petition seeking setting aside of Section 4(1) Notification as respondents devia
The main legal point established in the judgment is that when no award has been passed under the old Land Acquisition Act, 1894, the compensation should be determined under the provisions of the new ....
No award under Section 11 of 1894 Act for specific land post Section 6 declaration causes lapse under Section 11A; mandates fresh acquisition under 2013 Act; delay/laches inapplicable, protects Artic....
The constitutional right to property requires compliance with legal procedures for acquisition, emphasizing that no valid transaction occurs without proper consent and compensation mechanisms.
Compensation for land acquisition must be determined under the New Act if no valid award existed under the Old Act at the time of the New Act's enactment.
No lapse of proceedings under the Act of 1894 occurs if compensation has been paid and possession of the acquired land has been assumed, even if no award has been made.
The main legal point established in the judgment is the application of Section 24(1)(a) of the LARR Act, 2013, which mandates the determination of compensation under the provisions of the LARR Act, 2....
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