Kerala HC Upholds Life Terms For Five, Acquits Two in Renjith Johnson Murder, Says TIP Not Needed  ||  Kerala HC Orders Emergency Electric Fencing at Tribal School to Address Rising Wildlife Conflict  ||  Madras HC: Arbitrator Can’t Pierce Corporate Veil to Bind Non-Signatory and Partly Sets Aside Award  ||  Calcutta HC: Post-Award Claim For Municipal Tax Reimbursement is Not Maintainable under Section 9  ||  Tripura HC: Tax Authorities Cannot Revive Repealed VAT Powers or Retain Deposits Without Law  ||  J&K&L HC: Obtaining a Passport is a Constitutional Right; Citizens Need Not Prove Travel Necessity  ||  Allahabad HC: Police Report in Non-Cognizable Offence is a Complaint; Accused Must Be Heard First  ||  Kerala HC: Hospitals Must Display Rates and Cannot Deny Emergency Care For Lack of Advance Payment  ||  Orissa HC: Convict’s Refusal to Appeal Through Legal Aid Must be Recorded in Writing  ||  SC Halts Deer Translocation From Delhi’s AN Jha Park And Orders a Probe into DDA Negligence    

Soorajmull Nagarmull v. State of Bihar and Ors. - (Supreme Court) (17 Aug 2015)

Plea for returning acquired land on lapsed acquisition includes indirect challenge on acquisition proceedings

MANU/SC/0873/2015

Land Acquisition

Noting the Appellant's plea to return acquired land, borne from an assumed lapse of acquisition, the Court stated that it would be unfair to dismiss the the same for not having questioned the acquisition proceedings themselves, as the Respondents too had assumed the the proceedings lapsed. The Court, reiterating that it was not competent to order return of acquired land, set aside the acquisition proceedings. It further discussed various inconsistencies in The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, finding that after over 30 years of delay the Respondent was in a better position having not published an award, than if it had taken partial steps towards completion of the acquisition proceedings.

Relevant : Section 24 RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION, REHABILITATION AND RESETTLEMENT ACT, 2013 Act Laxmi Devi v. State of Bihar MANU/SC/0707/2015 Satendra Prasad Jain v. State of Uttar Pradesh MANU/SC/0392/1993

Tags : LAND ACQUISITION   LAPSE   AWARD  

Share :        

Disclaimer | Copyright 2025 - All Rights Reserved