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