ALIGARH DEVELOPMENT AUTHORITY versus MEGH SINGH & ORS.

ALIGARH DEVELOPMENT AUTHORITY versus MEGH SINGH & ORS.

Since no award has been passed in respect of the disputed land, the acquisition proceedings do not lapse; acquisition proceedings must continue, but the award and compensation must be determined under the 2013 Act.

Parties
Appellant: Aligarh Development Authority; Respondent: Megh Singh
Jurisdiction
India
Judgment Date
05 May 2016
Procedural Posture
Civil Appeal / Appeal Against Judgment and Order of High Court
Outcome
Appeal disposed of; impugned High Court order set aside.
Legal Topics
Acquisition Proceedings, Compensation Determination, Application of Section 24 of 2013 Act
Land Acquisition Administrative Law Constitutional Law Acquisition Proceedings Compensation Determination Application of Section 24 of 2013 Act

Case Brief

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Parties

Aligarh Development Authority

Appellant

Megh Singh

Respondent

Procedural Posture

Civil Appeal / Appeal Against Judgment and Order of High Court

Legal Issues

  1. 1 Whether land acquisition proceedings initiated under the 1894 Act lapse under Section 24 of the 2013 Act when no award has been passed.
  2. 2 Whether the High Court was correct in quashing the acquisition based on delay and invoking emergency clause.

Ratio Decidendi

Since no award has been passed in respect of the disputed land, the acquisition proceedings do not lapse; acquisition proceedings must continue, but the award and compensation must be determined under the 2013 Act.

Court Disposition

Appeal disposed of; impugned High Court order set aside.

Orders

  • Acquisition proceedings to be completed by passing an award under the provisions of the 2013 Act within six months.
  • Entire compensation due to respondent No. 1 to be calculated as per the 2013 Act and deposited with the Land Acquisition Collector or disbursed within one month thereafter.