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Showing posts with label land acquisition. Show all posts
Showing posts with label land acquisition. Show all posts
Sunday, 14 June 2026

Bombay HC: Under which circumstances registration of two independent proceedings for one and the same offence is permissible

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The petitioners raised one more objection that impugned directions would result into registration of two independent proceedings for one and...

Bombay HC: Forgery of court record at the time of filing of land acquisition proceeding, person who were not practicing advocate at relevant time are not liable for prosecution

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Criminal Procedure - Forged Documents - Filing of - Section 215(1)(b) of Bhartiya Nagarik Suraksha Sanhita, 2023 (BNSS) - Present petition f...

Bombay HC: A preliminary inquiry and opportunity of hearing are not mandatory before a court directs filing a complaint U/S 379 of BNSS

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Criminal Procedure - Forgery - Complaint against advocate - Section 379 of Bhartiya Nagarik Suraksha Sanhita, 2023 (BNSS) - Present petition...
Tuesday, 26 May 2026

National Highway Land Arbitration Revisited: Supreme Court’s Section 26 Roadmap for Fair Compensation

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1. Introduction: Why This Judgment Matters The Supreme Court’s decision in Project Director, NHAI v. Alfa Remidis Ltd. (2026 INSC 480) is ...

Supreme Court Tightens the Screws: National Highway Land Arbitration and the Limits of Compensation

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 Applying the rigours of Section 26(1) of the 2013 LA Act to the case on hand, we find that the Arbitrator demonstrably erred in relying upo...
Sunday, 15 June 2025

Supreme Court: Whether the court should abate a proceeding for death of some of parties where parties having separate rights have jointly filed any proceeding?

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34. In the light of the above discussion, we hold:- (1) Wherever the plaintiffs or appellants or petitioners are found to have distinct, sep...
Tuesday, 25 February 2025

Supreme Court: An arbitral award can be set aside under S 34 of the Arbitration and Conciliation Act 1996 on limited grounds

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Firstly, when we are of the opinion that the learned Arbitrator has committed patent illegality in applying two different notifications in d...
Wednesday, 25 December 2024

Supreme Court direct National highway authority of india to make part payment of compensation for acquired land

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 Having heard learned counsel for the parties, we deem it appropriate to dispose of the present proceedings with the following directions: i...
Sunday, 2 June 2024

Supreme Court: Right To Property | 7 Sub-Rights of land owner Which State Must Protect During Land Acquisition

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 The Right to property: A net of intersecting rights: There is yet another aspect of the matter. Under our constitutional scheme, compliance...
Monday, 2 October 2023

Whether Cross Objections Have All Trappings Of Regular Appeal and it Must Be Considered In Full?

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  In the present case at hand, the Appellants herein, in the court of first appeal filed a cross objection. It is the claim of the Appellant...

Whether Second appellate court should remand the case if first appellate court has failed to give it findings on cross objection?

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 In the present case at hand, the Appellants herein, in the court of first appeal filed a cross objection. It is the claim of the Appellants...

Supreme Court: Dispute On Apportionment Of Compensation under National Highways Authority Act Can Only Be Determined By 'Principal Civil Court Of Original Jurisdiction'

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 We are of the view that when it comes to resolving the dispute relating to apportionment of the amount determined towards compensation, it ...
Sunday, 17 September 2023

Whether the appellate court can permit parties to adduce additional evidence if they have amended memo of appeal not original proceeding?

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  We have noticed hereinbefore that the amendments have not been carried out in the pleadings in terms of Order VI, Rule 18 of the Code of C...

Whether the court can determine rights of parties on the basis of other reported judgments?

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  The High Court in its judgment has referred to various decisions showing that the rates specified in the notification issued by the Union ...

Whether pleading before trial court is deemed to be amended if said amendment in incorporated in Memo of appeal?

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  The learned counsel urged that the Respondents had already filed an application for amendment of Memo of Appeal in terms of Order 41, Rule...
Wednesday, 9 August 2023

Good Article on Valuation Under Land Acquisition Act 2013.

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Submitted by :A. M. Ibrahim. B.Arch., FIE (I), FIV, FICA. Kadayanallur – Tamil Nadu 9486500294   https://drive.google.com/file/d/1cLMpgmkYhq...
Sunday, 16 April 2023

Under which circumstances land acquisition will not lapse even if compensation is not paid or possession of acquired land is not taken?

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  366. In view of the aforesaid discussion, we answer the questions as under: 366.1. Under the provisions of Section 24(1)(a) in case the aw...

Can the previous owner of acquired land be considered a trespasser if they retain or re-take possession of the land?

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  The issue as to what is meant by "possession of the land by the State after its acquisition" has also been considered by Constit...

Can the reference court grant enhanced compensation to a claimant relying on a sale deed mentioned in the award, even though the sale deed was not proved before the court?

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 It is necessary to note that the evidence tendered by the claimants in these cases is extremely scanty.  The claimants have merely stated a...
Tuesday, 11 April 2023

Whether land acquisition officer must lead evidence to prove sale instances in support of Award passed by him?

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 No evidence was led on behalf of land acquisition officer. It was the duty of the special land acquisition officer to lead appropriate evid...
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