SHIV KUMAR & ANR. versus UNION OF INDIA & ORS.

SHIV KUMAR & ANR. versus UNION OF INDIA & ORS.

Purchasers who acquire land after section 4 notification under Land Acquisition Act, 1894 have no locus standi to invoke section 24 of the 2013 Act for restoration or lapse of acquisition, nor are they entitled to compensation or rehabilitation. Such transactions are void and confer no rights under the 2013 Act.

Source-derived case information.

Parties
Appellant: Shiv Kumar & Anr.; Respondent: Union of India & Ors.
Jurisdiction
India
Judgment Date
14 October 2019
Procedural Posture
Civil Appeal / Supreme Court Judgment on Appeal From High Court
Outcome
Appeal dismissed
Legal Topics
Post Notification Purchase, Compensation, Rehabilitation and Resettlement, Void Transaction, Lapse of Acquisition, Power of Attorney Sales
Land Acquisition Post Notification Purchase Compensation Rehabilitation and Resettlement Void Transaction Lapse of Acquisition Power of Attorney Sales

Source-derived case record

Summary, issues, holding and outcome

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Parties

Shiv Kumar & Anr.

Appellant

Union of India & Ors.

Respondent

Procedural Posture

Civil Appeal / Supreme Court Judgment on Appeal From High Court

Legal Issues

  1. 1 Whether a purchaser of property after section 4 notification under Land Acquisition Act, 1894 can invoke section 24 of the 2013 Act for lapse of acquisition or restoration of land
  2. 2 Legality of transactions after section 4 notification
  3. 3 Entitlement of subsequent purchasers to compensation or restoration under section 24(2) of the 2013 Act

Ratio Decidendi

Purchasers who acquire land after section 4 notification under Land Acquisition Act, 1894 have no locus standi to invoke section 24 of the 2013 Act for restoration or lapse of acquisition, nor are they entitled to compensation or rehabilitation. Such transactions are void and confer no rights under the 2013 Act.

Court Disposition

Appeal dismissed

Orders

  • No interference in the judgment and order passed by the High Court.
  • No right conferred to purchasers after section 4 notification to challenge acquisition or claim compensation under 2013 Act.