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Land acquisition

UNION OF INDIA AND ANOTHER versus MOHIUDDIN MASOOD AND OTHERS

There was a real urgency for establishing ITBP Battalion Headquarter, and given the time gap between Section 4 and Section 6 notifications, the urgency clause and Section 17 were correctly invoked. The development and use of land further support the acquisition. Compensation was deposited and notice issued, fulfilling statutory requirements. High Court erred in setting aside the acquisition.

Source excerpt

  • Urgency clause invocation
  • Section 5a enquiry
  • Compensation under land acquisition act
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Land acquisition

UNION OF INDIA versus HARINDER PAL SINGH AND ORS.

The High Court correctly adopted a uniform rate of market value for the acquired lands by reference to comparable acquisition in village Kala Ghanu Pur, as the lands in all five villages had the potential for similar development, and there was no significant distinguishing feature to justify the belting method. In absence of contemporaneous documentation, the comparable unit was properly taken. No ground to interfere with the High Court's pragmatic approach was shown.

Source excerpt

  • Market value determination
  • Land classification
  • Compensation under land acquisition act
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Land acquisition

ISHWAR DUTT versus LAND ACQUISITION COLLECTOR AND ANR.

Once the High Court's writ judgment granting 12% interest on equitable grounds attained finality and was acted upon, and the Land Acquisition Officer's award implemented it, the principle of res judicata and estoppel applied; thus, the High Court, in appellate jurisdiction, could not reopen or set aside that benefit. Directions already complied with could not be reversed by the High Court in later proceedings.

Source excerpt

  • Compensation under land acquisition act
  • Interest on compensation
  • Res judicata
  • Estoppel
  • Mandamus
  • Writ proceedings
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Urban development

MAHARASHTRA STATE ROAD TRANSPORT CORPORATION versus STATE OF MAHARASHTRA AND ORS.

The amended provisions of Sections 23 and 28 of the Land Acquisition Act (as per Central Act 68 of 1984) are applicable to acquisitions under Section 126(3) of MRTP Act, as the MRTP Act does not express a contrary intention and any interpretation otherwise would result in invidious discrimination, violating Article 14 of the Constitution.

Source excerpt

  • Compensation under land acquisition act
  • Incorporation by reference
  • Discrimination under article 14
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Land acquisition

NAGPUR IMPROVEMENT TRUST versus VASANTRAO AND ORS.

Land Acquisition Act, 1894 stands legislatively incorporated in the Punjab, Nagpur, and U.P. Acts for purposes of compensation, and beneficial amendments regarding compensation, solatium, and interest under Sections 23(1-A), 23(2), and 28 apply to acquisitions under the State Acts, but cutoff dates must be respected for entitlement.

Source excerpt

  • Legislative incorporation
  • Referential legislation
  • Compensation under land acquisition act
  • Solatium
  • Interest
  • Statutory amendments
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Land acquisition

TULSI CO-OPERATIVE HOUSING SOCIETY, HYDERABAD ETC. versus STATE OF A.P. AND ORS. ETC. ETC.

The High Court lacked jurisdiction to fix compensation outside the process prescribed by Land Acquisition Act; once acquisition is upheld, purpose of acquisition must be followed; no concluded compromise was reached without Government consent; the overriding application of Ceiling Act is not justified where land has vested in Government under Acquisition Act.

Source excerpt

  • Jurisdiction of high court
  • Compensation under land acquisition act
  • Application of urban land ceiling act
  • Settlement and compromise in land disputes
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Land acquisition

THE STATE OF MADHYA PRADESH versus HLRALAL AND ORS.

Claimants are not entitled to the benefits of the amended provisions of the Land Acquisition Act, 1894 by Act 68 of 1984, instead they are entitled to solatium at 15% and interest at 6% on the enhanced compensation from the date of taking possession till the date of deposit.

Source excerpt

  • Compensation under land acquisition act
  • Solatium
  • Interest on enhanced compensation
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Land acquisition

MARKET COMMITTEE, HODAL versus KRISHAN MURARI AND ORS.

The procedural requirements of Section 5-A could be dispensed with by the government under Section 17(4) at the stage when the award had already been made and possession taken; the High Court wrongly interfered at such a belated stage. Delay in filing the appeal was properly explained and thus condoned. If a building was constructed after the High Court’s judgment, ex-gratia compensation is to be paid for its value.

Source excerpt

  • Acquisition of land
  • Limitation
  • Condonation of delay
  • Compensation under land acquisition act
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India decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

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