...ground that the land acquired was not used for which it had been acquired. It is a well-settled position in law that after passing the award and taking possession under Section 16 of the Act, the...acquired land vests with the Government free from all encumbrances. Even if the land is not used for the purpose for which it is acquired, the landowner does not get any right to ask for ...C. Padma v. Dy. Secy. to the Govt. of T.N (1997) 2 SCC 627 it is held that acquired land having vested in the State and the compensatio...

...High Court dismissing the appeal of the petitioner.3. The petitioner alleges that the acquired land measuring 2715 sq m, was a narrow strip which fell within the 40 m margin from the centre of the highw...widening. Can the acquiring authority deny compensation to that strip on the ground that the said 20′ strip acquired for road widening could not in any event be used for any construction purpose and...therefore, was not of any value? Obviously not.7. Therefore, determination of market value of the acquired land with reference to the value of comparable land cannot be faulted...

...and the circumstantial evidence available from the established facts. He proceeded to consider on the premise that since the acquired land was not used for building purpose and possession was not taken...asserting his legal title to the acquired land, he should have necessarily the Government impleaded as party and claimed his possession as against the Government. That was not done. The Board having had...made on 7-4-1994 in SA No. 1526 of 1988. The facts are not in dispute.3. Notification under Section 4(1) of the Land Acquisition Act, 1894 (1 of 1894) (for short ‘the Act...

...acquired land was not developed and it may only have the potentiality of development to be used as building sites and while facilities for drainage, electricity supply, water supply and pucca road are...for determination of market value of the acquired land though they can be used for guidance to determine the market value by taking note of other circumstances as available on record.”...of 20% on the amount of compensation was not at all justified having regard to the fact that the acquired land was in a fully developed area.6. The learned Single Judge...

...land was not used for the purpose for which it was acquired, it was open to the State Government to take action but that did not confer any right on the respondents to ask for restitution of the ...C. Padma v. Dy. Secy. to the Govt. of T.N (1997) 2 SCC 627 it is held that acquired land having vested in the State and the compensatio...purpose shall be utilised for the same purpose for which it was acquired as far as possible and in case the land is not used for the purpose for which it was acquired due to any reason, the land s...

...for the petitioners says that the original tenureholders are also party to the instant petition. 4. In the representation, we find no assertion to the effect that the acquired land was not used for...the purpose, for which, it was acquired which is sine qua non for applicability of Section 17. As such, we are not inclined to issue any direction. 5. The writ petition is, dismissed...Development Act, 1973. 2. Counsel for the respondent-Authority states that the petitioners are subsequent purchasers and cannot claim restoration of the land. 3. In rebuttal, counsel...

...if it is not used for the purpose for which it was acquired. In this connection reference may be made to Section 44-A introduced by Amendment Act which lays down that “no company for which any land is...”. This provision also provides a safeguard that the land will only be used for the public purpose for which it is acquired and not otherwise. The aforesaid terms in the agreement in our opinion satisfy...adjoining land. It is urged that it could not be the purpose of the Act that land which was intended to be used for one public purpose should be acquired for another public purpose. We see no force in...

...appropriate directions to the Respondents to transfer/return the subject land to the Petitioners as the said land is not being used for the purpose for which it was acquired.2. It is...Counsel for the Petitioners submitted that 55 years since the acquisition proceedings were completed, the Respondents have constructed hardly 6 to 7 rooms on 3 to 4 gunthas of the total acquired land. In his submission the ...were in dire need of the said land, the same was acquired by the Respondents by paying a meager compensation.4. Learned Counsel for the Petitioners invited our attention to the newspaper...

...the public purpose shall be utilised for the same purpose for which it was acquired as far as possible and in case the land is not used for the purpose for which it was acquired due to any reason, the ...filed on behalf of Respondents 1, 3 and 5, it was averred that after the acquired land was transferred to the Haryana State Electricity Board in 1983, the same was used for the specified public...28, the respondents were obliged to return the acquired land by observing that the object of utilising the acquired land cannot remain static for all times and the same can be used for other purposes...

...Acquisition Act. Portions of the land so acquired not used for the road were sold by auction under certain conditions set forth in a document, 'which was signed by the Chairman of the Municipal Board end the pe...improvement of the town of Allahabad a road called the Hewett Koad was opened out and land was acquired under the Land...Rs. 3,900. He made a deposit of He. 1 only and did not pay the balance of the price. The Municipal Board after...

...ground. Lastly, the evidence of Chandeshwar Prasad, the Kanungo, shows that the acquired land was not fit for being used for building purposes and that it was situated at some distance away from the...locality in which there was evidence of building activity. The acquired land is thus not comparable with the land sold under Ex. 1. As regards the sale-deed Ex. 1.a, the land sold under it was a small....2. An area admeasuring 4.354 acres, situate in Ward No. 16 within the limits of the Patna Municipal Corporation was acquired under the Land Acquisition Act, 1894, for the...

...right to have the lands reconveyed. When the lands, which were acquired is not used for the purpose for which it was acquired, then the Government has a right of forfeiture under Section 16-B of ...that the land acquired is not used for the purpose for which it was acquired and assuming that the Government can exercise that power − which is not available in this case − then such an exercise ...available to the Government and it is they who can exercise that power, if they find that the land acquired is not used for the public purpose for which it was acquired. The objects and reasons for...

...acquired for the purpose of burial ground. It is stated that the said land is not being used for the purpose for which it has been acquired. The local authorities have handed over the acquired ...land of the petitioner was acquired for the purpose of burial ground. The grievance of the petitioner is that the acquired land is being used for different purpose and not for the purpose for whic...was acquired. Hence on the said ground, the petitioner claims that the acquired land is to be re-conveyed. Further, the petitioner once having accepted the compensation, has no right to claim for re-conveyance on the ground...

...is contended that the acquired land could only be used for the steel plant and ancillary industries and not for a civil township. This contention is equally devoid of force. The establishment of a...amenities. A township is a necessary adjunct and concomitant of a big steel plant. The fact, therefore, that part of the land which was acquired has been used for civil township would not, in our opinion...shops surrounding the railway station. The averments contained in the affidavit thus go to show that 3.21 acres of land is not being used for a purpose extraneous from that for which the land was...

...and due compensation was paid to the father of the petitioner. But subsequently it is revealed that for the purpose the land was acquired was not used. Therefore, learned counsel appearing for the petitioner conten....4. Mr. P.K. Mohanty, learned counsel appearing for the petitioner contended that the land in question of the petitioner was acquired in 1997 under the old Act, i.e. Land Acquisition Act, 189...by the appropriate Government.5. In view of the above, a question is raised that if the land was acquired under the old Act, for which the petitioner was paid...

Can't display summary as content is Scanned, Please open the judgment to see full content.

.... If that is so, the land owners have a right to have the lands reconveyed. When the lands, which were acquired is not used for the purpose for which it was acquired, then the Government has a right of ...General would submit that under section 16-B of the Act, power is available to the Government to forfeit when it finds that the land acquired is not used for the purpose...exclusively available to the Government and it is they who can exercise that power, if they find that the land acquired is not used for the public purpose for which it was acquired. The objects and...

...-3 dated 15-7-1992 which works out to a value of Rs. 11 per square foot. A comparison of the two plots, namely, land in Ext. A-3 and the acquired land shows that they are not identical. While the land in E...to be concluded that the land in question would definitely fetch a higher price than what is fixed by the High Court. A prospective purchaser would only be too willing to pay for the acquired land having immediate potential...and therefore, such post-notification transaction may not be a sound criterion to determine and assess the value of the acquired land. In the present case, the appellant has also not adduced any...