...filing the writ petition. In our view, the High Court was also not right in ordering restoration of land to the respondents on the 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...that acquired land having vested in the State and the compensation having been paid to the claimant, he was not entitled to restitution of possession on the ground that either original public purpose had ceased to be in operation or the land could not be used for...

...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 highway where constructions were prohibited. It is contended that as the acquired land could not be used for...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...

...has not adverted to these material facts 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...acquired land. It is common knowledge that in some cases the owner/interested person may not cooperate in taking possession of the land.10. It is seen that in a letter written...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...

...admittedly, the 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...not be adopted 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.”14. On facts and in the light of the legal position emerging from the various decisions referred to above, it is not possible...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, dealing with the...

...(1996) 6 SCC 405 and other cases held that:“12. If the 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 land.”Paras....11. Yet again in 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 compensation having been paid to the claimant, he was not entitled to restitution of possession on the ground that either original public purpose had ceased to be in operation or the land could not be used for.... 783 dated 9-10-1998, the land for 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 land shall...

...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...

...Ext. A-3 and the acquired land shows that they are not identical. While the land in Ext. A-3 may not be an excellent guide it is still a better guide than any other document exhibited on record. The same could be used as...than what is fixed by the High Court. A prospective purchaser would only be too willing to pay for the acquired land having immediate potentiality of being used as a residential site in a prime locale at almost the same, if not, higher...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 evidence to...

...the land cannot be used for any other purpose and it will have to be restored to the Government 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...for which it is acquired and not otherwise. The aforesaid terms in the agreement in our opinion satisfy the condition that the land will be used for the public purpose for which it was being acquired...public purpose and in that case it can acquire land under this clause even though the particular building or work for the construction of which land is acquired may not be for a public purpose...

...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 acquired land has not been used for...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...

...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 shall be utilised for...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 purpose. In Para...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. The High...

...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 person bidding at the auction-sale. The defendant purchased a plot of land for...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...

...for some time as a trenching 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...1962.2. 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...

...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 the Land Acquisition...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 of...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 to others...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 which it...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 that the property which has been acquired, is not used for...

...used as a civil township. It 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...other purposes and civic 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...link road, bus and taxi stands and 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...

...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 contended that the said unused land should be returned to the petitioner as per the provisions contained in Section 101 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, which specifically states that when any land, acquired under....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, 1894...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...

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...encumbrances and even if the land is not used for the purpose, for which it is acquired, the land owner does not get any right to ask for revesting the land in him. In this respect, it would be...filing the writ petition. In our view, the High Court was also not right in ordering restoration of land to the respondents on the ground that the land acquired was not used for...which it had been acquired. It is 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...