Back
UJJAL BHUYAN, C. V. BHASKAR REDDY
E. P. Vinay Sagar – Appellant
Versus
Land Acquisition Officer – Respondent
JUDGMENT :
C.V. BHASKAR REDDY, J.
1. Heard Mr. K.M. Mahender Reddy, learned counsel for the appellants; Ms. P. Bhavana Rao, learned counsel appearing for respondent Nos. 1 and 2; Mr. Thoom Srinivas, learned counsel appearing for respondent No. 3 and Mr. Eranki Phani Kumar, learned counsel appearing for respondent Nos. 4 and 5.
2. This writ appeal, under Clause 15 of the Letters Patent, is directed against the order dated 08.02.2008 passed by the learned Single Judge in W.P. No. 25051 of 1998, filed by appellant No. 1 seeking compensation for the acquired land admeasuring Ac.1.39 guntas in Survey No. 778/E situated at Kamareddy, Nizamabad District, so far it went against him directing the respondents to take the date of notification issued under Section 4(1) of the Land Acquisition Act, 1894 (briefly “the Act of 1894” hereinafter) i.e. 20.04.1972 as criteria for computation of market value under Section 23 of the Act of 1894.
3. The first appellant is the writ petitioner. Since the first appellant died during the pendency of the writ appeal, his legal representatives were brought on record as appellant Nos. 2 to 5.
4. The brief facts leading to disposal of the writ appeal, as summed up i
The judgment emphasizes that lapsing provision under Section 11A does not apply to acquisitions made by Nagpur Improvement Trust under NIT Act, while also highlighting entitlement to compensation for....
Compulsory acquisition of land – If any individual is to be divested or deprived of said right by State, it ought not be done without giving compensation in accordance with law for land so acquired f....
The central legal point established in the judgment is that the right to compensation for expropriation of property is guaranteed under Article 300A of the Constitution of India, and delay in seeking....
A legal heir is entitled to claimed compensation based on promises made by land acquisition authorities, regardless of significant delay, emphasizing principles of equity and promissory estoppel.
The court affirmed that delays in filing compensation claims under the Land Acquisition Act can be overlooked in favor of equitable treatment, preserving citizens' property rights under Article 300A.
Requisition proceedings under 1948 Act lapsed without proper compensation; State must initiate acquisition under 2013 Act.
Where Section 24(1)(a) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (2013 Act) applies, i.e. where there is no Award on the date o....
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....
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
