Judgments - Land Acquisition

Constructive notice in legal fiction signifies that the individual person should know as a reasonable person would have. Even if they have no actual knowledge of it. Constructive notice means a man ought to have known a fact. A person is said to have notice of a fact when he actually knows a fact but for Full Judgment

Tags Award Compensation Conduct Of Business Of Govt Of India Or State Land Acquisition Business Allocation Rules

Supreme Court of India (Division Bench (DB)- Two Judge)

GOVT. OF NCT OF DELHI AND ORS Vs. JAGJIT SINGH AND ORS

Appeal (Civil), 2592 of 2015, Judgment Date: Feb 27, 2015

Any determination under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013, must proceed sequentially. First, the factum of an Award under Section 11 of the Land Acquisition Act, 1894, must be clearly established. The said Award must predate the commencement of the Act, i.e., Full Judgment

Tags Land Acquisition Compensation

Supreme Court of India (Division Bench (DB)- Two Judge)

M/S. COMPETENT AUTOMOBILES CO. LTD. Vs. UNION OF INDIA & ORS.

Appeal (Civil), 5054 of 2008, Judgment Date: Feb 26, 2015

The said Award must predate the commencement of the Act, i.e., 01.01.2014., by at least five years (or more), ie., the Award must have been passed on or before 01.01.2009. This having been established, if possession is found to not have been taken, or compensation not paid, then the proceedings shall be deemed to have lapsed. Thereafter, the Full Judgment

Tags Award Land Acquisition Compensation

Supreme Court of India (Division Bench (DB)- Two Judge)

BATHIDA DEV. AUTH. FORMERLY KNOWN AS (PUDA) Vs. IQBAL SINGH AND ORS

Appeal (Civil), 2464 of 2015, Judgment Date: Feb 26, 2015

This Appeal assails the Order of the Division Bench of the High Court of Punjab & Haryana, which had allowed the Writ Petitions before it, and declared that the acquisition had lapsed for the reason that the possession had not been taken and compensation, too, not paid. This is sufficient ground for protection under the provision of Section 24(2) of the Land Acquisition Act, 2013. The Appeal is dismissed in the above terms. Full Judgment

Tags Land Acquisition Compensation

Supreme Court of India (Division Bench (DB)- Two Judge)

STATE OF KARNATAKA TR.SEC.HSG.& URB.&ANR Vs. VASAVADATTA CEMENT & ANR.

Appeal (Civil), 1918 of 2015, Judgment Date: Feb 16, 2015

The appeal has been preferred by the State of Karnataka. The State has neither created any document nor filed the same before the High Court or this Court. If any document is created by any officer to keep it on record so as to produce it before the Court, it is a serious matter which requires to be inquired into by the concerned authority. In Full Judgment

Tags Land And Disputes Land Acquisition

Supreme Court of India (Division Bench (DB)- Two Judge)