Date of the Judgment: 13 September 2017 Citation: (2017) INSC 744 Judges: Arun Mishra, J. and Mohan M. Shantanagoudar, J. Is it justifiable for a High Court to blindly follow a previous judgment when determining land compensation, or should each case be evaluated based on its own merits and evidence? The Supreme Court of India […]
Can a court award compensation higher than what was claimed by a landowner in land acquisition cases? The Supreme Court of India addressed this question in a recent case. The Court ruled that it can award fair compensation based on the true market value, regardless of the initial claim. This decision ensures that landowners receive
LEGAL ISSUE: Determination of fair compensation for fruit-bearing trees in land acquisition cases. CASE TYPE: Land Acquisition Case Name: Nelatur Sampoornamma vs. Special Deputy Collector, L.A., Telugu Ganga Project Judgment Date: July 19, 2017 Introduction Date of the Judgment: July 19, 2017 Citation: 2017 INSC 664 Judges: Kurian Joseph, J., R. Banumathi, J. (authored the
Can a delay of 3671 days in filing an appeal be condoned? The Supreme Court of India recently addressed this question in a land acquisition case. The Court considered whether the High Court was right in dismissing the appeal due to the delay and also looked into the adequacy of compensation for fruit-bearing trees. This
Can a landowner claim additional compensation for land if the government records show a different measurement than what they claim? The Supreme Court of India addressed this issue in a land acquisition case, clarifying the importance of documented evidence. This case, *Kale (Dead) Rep. Thr. LRs. vs. Union of India*, involved a dispute over the
Supreme Court Upholds Land Acquisition Compensation: Kale vs. Union of India Read Post »
LEGAL ISSUE: Determination of fair market value for acquired land using comparable sales data, specifically when dealing with large land parcels and small plot sales. CASE TYPE: Land Acquisition Case Name: Vithal Rao & Anr. Etc. vs. The Special Land Acquisition Officer Judgment Date: July 7, 2017 Date of the Judgment: July 7, 2017 Citation:
Can a land acquisition nullify the forfeiture of earnest money in a prior agreement to sell? The Supreme Court of India addressed this question in a recent case, clarifying the interplay between land acquisition proceedings and private contracts. This judgment highlights the importance of civil suits in resolving contractual disputes, especially when land is acquired
Can a land acquisition be upheld even with procedural errors? The Supreme Court of India addressed this question in a case concerning land acquisition for a market expansion. The Court acknowledged procedural infirmities but upheld the acquisition, emphasizing the larger public interest. This case highlights the balance between procedural compliance and public benefit in land
Date of the Judgment: 25 January 2017 Citation: 2017 INSC 58 Judges: A.K. Sikri, J., R.K. Agrawal, J. Can the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (New LA Act) be applied when land is acquired under the Karnataka Industrial Areas Development Act, 1966 (KIAD
Can a court enhance land compensation when the Land Acquisition Collector has undervalued the land? The Supreme Court of India addressed this crucial question in a case concerning land acquisition in Haryana. This judgment clarifies the principles for determining fair compensation for land acquired by the government. The Supreme Court bench consisted of Justices Kurian
Supreme Court enhances land compensation: Om Parkash & Ors. vs. State of Haryana (2016) Read Post »
Can land owners receive equal compensation when their land is acquired for the same project? The Supreme Court of India addressed this question in a recent case concerning land acquisition for a power house. The Court ruled that landowners should receive the same compensation as their neighbors if their land is similarly situated. This decision
Date of the Judgment: 15th October, 2015 Citation: Not Available Judges: Anil R. Dave, J. and Adarsh Kumar Goel, J. Can a civil court decree possession of land when that land has already been acquired by the government? The Supreme Court of India addressed this critical question in a case where a lower court had
