Search Results for "Land Acquisition"

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Supreme Court Reinstates Single Judge’s Decision in A.P. Electrical Equipment Corporation Case, Emphasizes Strict Compliance with Urban Land Ceiling Act, 1976. "Actual Physical Possession Must Be Taken Before Repeal Act, 1999; Mere Paper Possession Insufficient"

The Supreme Court allowed the appeals, setting aside the Division Bench’s judgment and restoring the Single Judge’s decision. The Court held...

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Retrospective Effect of Unconstitutional Provisions – Arbitral Tribunal Directed to Reconsider Solatium – Judicial Discretion Under Section 34(4) of Arbitration and Conciliation Act, 1996 Upheld

National Highways Act, 1956 – Section 3(J) Declared Unconstitutional – Arbitral Award Remitted for Solatium Consideration – Writ Petition Dismis...

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Bombay High Court Dismissed Petition Challenging Rejection of Enhanced Compensation Claim Under Section 28A of the Land Acquisition Act, 1894 Due to Delay Beyond Statutory Limitation Period

Limitation Period Under Section 28A of the Land Acquisition Act Held to Be Sacrosanct – Plea of Knowledge of Award Date Rejected – Judicial Preced...

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Reservation Lapse Under MRTP Act: Supreme Court Declares Land Free After 33 Years of Inaction. Supreme Court Invokes Article 142 to Do Complete Justice in Land Reservation Case

The Supreme Court held that the reservation of the land had lapsed under both Section 49(7) and Section 127 of the MRTP Act due to the failure of the ...

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High Court of Judicature at Bombay Declared Reservation on Petitioners’ Property Lapsed — Directed State to Publish Notification Under Maharashtra Regional and Town Planning Act, 1966

Writ Petition Seeking Declaration of Lapsed Reservation — Non-Acquisition of Land Within Stipulated Time — Relief Under Section 127 of the Maharas...

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Bombay High Court Directed Maharashtra Government to Expedite Rehabilitation and Allotment of Alternate Lands to Koyna Project Affected Persons. Court Emphasized on Right to Property as a Constitutional and Human Right, Directed Compliance Within Six Months

Constitution of India, Article 300A – Right to Property – Court recognized the right to property as a constitutional and human right – Failure o...

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Acquisition Of Land – Right To Fair Compensation – Illegality Of Forced TDR/FSI Grant – Applicability Of The Maharashtra Regional Town Planning Act, 1966 And The Right To Fair Compensation And Transparency In Land Acquisition, Rehabilitation And Resettlement Act, 2013

The acquisition must follow statutory requirements – In the absence of an agreement for TDR/FSI, monetary compensation under the 2013 Act is mandato...

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Apportionment Dispute in Compensation—Land Acquisition Officer (LAO) Lacked Jurisdiction—Dispute to be Referred to Civil Court

Maharashtra Highways Act, 1955—Section 19C(4)—Apportionment dispute in compensation for acquired land—LAO had no authority to decide—Matter to...

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Right to Fair Compensation—State's Duty in Land Acquisition—Constitutional Protection under Article 300A. Compulsory Acquisition—Delay in Compensation—State and Municipal Corporation Directed to Expedite Proceedings and Pay Interim Compensation

Right to property under Article 300A includes fair compensation and a prompt acquisition process. State's failure to adhere to statutory timelines in...

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National Highway Authority’s Failure to Compensate for Additional Land Acquisition Deemed Unlawful – Bombay High Court. 

Land Acquisition – Compensation – Constitutional Safeguards for Private Property Rights The High Court held that the additional land was indeed t...