2024 SCC Vol. 10 Part 4
Arbitration and Conciliation Act, 1996 — Ss. 11(6) and 37: Setting aside of order setting aside award, by Court exercising jurisdiction under
Land Acquisition
Supreme Court upholds land acquisition for Yamuna Expressway; Justifies Invocation of Urgency Clause
Supreme Court directed that a 64.7% enhancement in compensation would apply in rem, ensuring that uniform benefits would be provided to all affected landowners under the present land acquisition process.
Arbitral Award treated as deemed decree; Execution can be initiated anywhere such decree can be executed: Allahabad HC
Allahabad High Court reiterated that Arbitration Act transcends all territorial barriers.
Read why SC reversed Karnataka HC’s decision directing HMT & Defence Ministry to return acquired land to landowner’s successors
“Delay by the authorities, at times, may constitute a cause of action in itself. This would be especially true in a case of a live and continuing cause of action or in the event of failure to perform a mandatory statutory duty. It is, however, equally true that there can be cases where delay and laches would be fatal and can result in the dismissal of the writ petition.”
MUDA Scam | Karnataka HC finds no anomaly in the Gubernatorial Order according sanction against CM Siddaramaiah
Upholding the order, the Court stated that the Governor in the normal circumstance has to act on the aid and advice of the Council of Ministers as obtaining under Article 163 of the Constitution, but can take independent decision in exceptional circumstances and opined that the instant case was one such exception.
“No fundamental right violated over non-acquisition of land”; MP High Court dismisses plea challenging land exclusion
The Court noted that the land’s exclusion was based on expert recommendations and legal restrictions, including Regulation 119, which prohibits acquiring land within 45 meters of a railway or highway.
HIGH COURT AUGUST 2024 WEEKLY ROUNDUP| Stories on Yuvraj Singh; Rajdeep Sardesai; Malabar Gold; International tax charges; and more
A quick review of reported cases this week from various High Courts across the country
Inside Bombay HC verdict ordering compensation to owner after 36 years since land acquisition by MHADA
No justification was offered for inordinate and insensitive delay and not paying any compensation for almost 36 years. Such conduct amounts to virtual expropriation of a citizen’s property without the authority of law and without paying any compensation and violates Articles 14, 21 and 300-A of the Constitution.
[Land Acquisition] Bombay HC directs Municipal Corporation to follow MRTP Act to acquire church’s land reserved for public purposes
The Court stated that until the Municipal Corporation resorted to appropriate procedure in law to acquire the disputed land, it should not disturb the peaceful possession of the Church in any manner whatsoever.
Procedural safeguards necessary before depriving a person of his property: SC lays down 7 procedural rights conferred on landowner by Art. 300A of Constitution
Supreme Court made it clear that acquisition of land without following the due procedure would be outside the authority of law.
‘State Govt best authority to protect temple’s right’; Rajasthan High Court affirms Devsthan Department’s control over temple land acquisition compensation
Rajasthan High Court held that “the Commissioner, being a Treasurer is empowered to exercise its control over the Temple and also to receive compensation in lieu of acquisition of the Temple land.”
Calcutta High Court upholds the co-owners’ right to enhanced compensation in Land Acquisition case
Calcutta High Court: In a consolidated writ petitions challenging the Collector, Land Acquisition’s order denying enhanced compensation to the petitioners based on
Land Acquisition Compensation Rate | ‘11 years gap pretty large’: Supreme Court reduces 15% annual increase to 8%
Supreme Court considered what would be fair and just compensation to do justice between the parties so that landowners get a fair and reasonable compensation for losing their land.
Supreme Court settles long-standing Greyhounds land dispute in Telangana’s favour; says no to compensation on resumption
In the case at hand, the Subject land was assigned to landless Scheduled Caste/Scheduled Tribe persons for the purpose of cultivation in 1960s who then transferred the land to a third party for consideration, violating the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977.
Read why Allahabad HC dismissed contempt proceedings against NOIDA CEO and Gautam Budh Nagar DM in land acquisition case
Allahabad High Court said that as the compensation has already been assessed by the authorities to the tune of Rs. 1,33,05,600/-, thus no question arises for interfering for awarding higher compensation
Supreme Court upholds validity of Tamil Nadu Highways Act, 2001
The Supreme discussed the very foundation of Article 254(2) of the Constitution and commented that comparing two legislations of State and Centre would be akin to comparing chalk and cheese, i.e., two essentially unequal entities.
Odisha’s 6000 families to get their land back as SC quashes acquisition of 6000 acres of agricultural land for Anil Agarwal Foundation's Vedanta University project
The Supreme Court observed that the entire acquisition proceedings and the benefits, which were proposed by the State Government to Anil Agarwal Foundation for setting up Vedanta University were vitiated by favourism and violative of Article 14 of the Constitution of India.
‘Procedural difficulties may affect quantum of compensation, not validity of land acquisition’; Bombay High Court refuses to interfere with proceedings of land acquisition
Bombay High Court refused to exercise its discretionary powers under Article 226 of Constitution of India keeping in view that the Bullet Train Project is an Infrastructural Project of national importance.
26 years on, ONGC sits on a temporarily acquired land. Such a long temporary acquisition infringes landowner’s right to property, holds SC
The Supreme Court has directed ONGC and State to either comply with the Gujarat High Court's order directing the permanent acquisition of land by ONGC on or before 26.04.2023 or face necessary consequences.