CiteTEXT
....
As stated by the respondents in the written statement filed, amount of compensation for the acquired land was paid to the land owners mentioned in the revenue record. Further acquisition being not under...productive use."
A bare perusal of the aforesaid provision shows that a land owner can seek return of the land, which is acquired under the 2013 Act, in case it remains...:-
"Return of unutilised land:- When any land, acquired under this Act remains unutilised for a period of five...
...CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL)
The petitioner herein is claiming for return of the acquired land, with respect to which, the acquisition proceedings were...owner at the relevant point of time. There is no provision for return of land, which has been acquired for a public purpose for the change in the plan made by the Gujarat Housing Board, to which, ...in the writ petition is to either return the land or pay the compensation to the land owner, i. e. the
Page 1 of 2...
...Judgment1. Leave granted. Whether the State Government is under an obligation to return the acquired land to the owners after the purpose of...functionaries of the Irrigation Department and the Land Acquisition Collector for return of the acquired land by asserting that the purpose for which the land was acquired had been achiev...earth for raising the ash pond bandh. It was further pleaded that there is no provision in Standing Order 28 for return of the acquired land.8. In a separate written statement...
...provision of law under which the appellants are entitled for return of the land which was admittedly acquired as per law several decades ago.5. In our opinion, dismissal of the writ petition...is that the said land has not been utilized, and therefore, they are entitled for return of the land.4. On being asked, learned counsel for the appellants was not able to refer to any...the land which was validly acquired as per law several decades ago. The impugned order of...
...barren and though allotted to the project affected persons, they are not ready to enter this land because of the non-availability of water. The petitioner, therefore, contends that his acquired land of 0.80 Ares be returned...the petitioner's land of 0.80 Ares which is acquired for the benefited zone.2. Having heard the learned Counsel for petitioner and having perused the averments made in the petition, it...therefore, the allotees did not turn up to cultivate the acquired land eversince the land was allotted to them. The petitioner states that the present situation is that the land today is neglected...
...the acquired land to them, as the same is not being utilized for the purpose for which it was acquired. It was also prayed by the petitioners that directions may also be issued to the respondents to let...respondents in the manner, for which it was acquired. It is also contended that, infact, the land is being leased out in favour of private persons, however no opportunity was offered to the petitioners...out the portion of the acquired land in favour of the petitioners.5. It is contended by the counsel for the petitioners/appellants that the land in question was not utilized by the...
...
5
dependant of deceased employee or else may direct the Srh Respondent company to return the Petitioners Ac 2.00 Gts land which is...Petitioner's Ac. 2.00 Gts, land which is acquired, if not provide the employment to the Petitioner in lTC.
Counsel for the Petitioner: SRl. T. PARtpURNA CHARY...acquired, if not provide the employment to the Petitioner in lTC.
lA NO: 1 OF 2018
Petition under section 151 cPC praying that in the circumstances stated in the...
...appreciation in the value of the land after its development and attracted by such anticipated appreciation in land value, which is nothing but a return to be acquired by the customers after making...since return is sine qua non for any collective investment scheme, the activity of sale and development of agricultural land cannot be construed as a collective investment scheme. According to the...., which can be construed as providing for any return in the process of sale and development of agricultural land to the investors by PGF Ltd. The learned Senior Counsel, therefore, contended that the...
.... 10,77,53,842/- paid under the Award of 2018 should be refunded to JAL.
34. The return of acquired land is governed by Section 101 of the 2013 Act which is reprodu....
B. Return of acquired land under the 2013 Act
33. It is the case of JAL that the substantial delay in acquisition of the subject ...Section is warranted only in the circumstances where the return of the land would benefit the landowners. The party which has failed to utilize the land cannot plead for the return of the ...
...this Court seeking directions to the respondents to return the acquired land to them, as the same is not being utilized for the purpose for which it was acquired. It was also prayed by the petitio.../ appellants that the land in question was not utilized by the respondents in the manner, for which it was acquired. It is also contended that, infact, the land is being leased out in favour of pr...that directions may also be issued to the respondents to let out the portion of the acquired land in favour of the petitioners.
5. It is contended by the counsel for the petitioners...
...present, Act No. 30 of 2013 has to be implemented for the land acquired during the old Land Acquisition Act i.e Act No. 1 of 1894. As per the existing law, the authorities are required to return the land w...conditions.
14. Thus, mere non-utilization of the land for the specific purpose for which it was acquired is not a ground for return of the unutilized land to th...like interest, solatium etc. in the year 2005 itself i.e. almost 8 years prior to commencement of Act No. 30 of 2013. When once the land acquisition proceedings are completed, the land is vested on the Government and part o...
...question remains unutilized, he is entitled to seek return of the same under Section 101 of the new Act which is follows:
"101.Return of unutilised land....Compensation and Transparency in Land acquisition, Rehabilitation and Resettlement Act, 2013 (Central Act 30 of 2013) the petitioner will have to cross a double barrier. He must demonstrate that he is...in possession of the land. He must also establish that the compensation amount has not been paid to him. In this case, the petitioner had received compensation for the acquired lands long back...
...appearing for the petitioner submitted that since the land in question remains unutilized, he is entitled to seek return of the same under Section 101 of the new Act which is follows:
...will have to cross a double barrier. He must demonstrate that he is in possession of the land. He must also establish that the compensation amount has not been paid to him. In this case, the petitioner...had received compensation for the acquired lands long back. Therefore, Section 24(2) of the Central Act 30 of 2013 is clearly not applicable.
4.The learned counsel...
...appearing for the petitioner submitted that since the land in question remains unutilized, he is entitled to seek return of the same under Section 101 of the new Act which is follows:
...have to cross a double barrier. He must demonstrate that he is in possession of the land. He must also establish that the compensation amount has not been paid to him. In this case, the petitioner had...received compensation for the acquired lands long back. Therefore, Section 24(2) of the Central Act 30 of 2013 is clearly not applicable.
4.The learned counsel...
...scope for earning any money in future. An industry established on acquired land, if run efficiently, earns money or makes profit every year. The return from the land acquired for the purpose of housing col....4. In order to determine the compensation which the tenure-holders are entitled to get for their land which has been acquired, the main question to be considered is what ...land which had been acquired. The Land Acquisition Collector, after holding an enquiry, gave an award on 14-7-1983 under Section 11 of the Act. The Collector gave award on the basis of quality of land...
...compensation for his land which was acquired for construction of National Highway and he is ready to return the amount,
1...the instant case. It is contended that no malafide or illegal act was committed by petitioner, which would cause financial loss to the State. It is contended that order under Section 143 U.P.Z.A.... & L.R. Act was made by the Assistant Collector declaring petitioner’s land as non-agricultural, but subsequently that declaration was withdrawn. It is admitted that petitioner received ` 6,00,000/- as...
...upon the land which was already acquired, notices were sought to be issued by the respondents on 14-11-1996 and 20-11-1996 giving them warning against any such illegal act in the acquired land. The petitio..., the same vests free from all encumbrances in the Government and it cannot be reconveyed or reassigned to the erstwhile owner. Only mode available for disposal of such land is the one prescribed under the Land Revenue Code...of the respondents that the land which is acquired is being...
..., earns money or makes profit every year. The return from the land acquired for the purpose of housing colony, or offices, or institution cannot even remotely be compared with the land which has been ...involve any development activity, no deduction should be made from the market value of small developed plots. The said contention is based on the premises that the purpose for which the land is acquired...for which the land is acquired. The deduction is with reference to the price of the small residential plot, to work back the value of the large tract of undeveloped land. On the other hand, where ...
...(1) By this petition, the petitioners have prayed for a direction against the respondents to return their lands which were acquired under the provisions of land acquisition act, (in short...questions which call for consideration are whether direction can be given to the respondents to return unused land to the petitioners which were duly acquired under the provisions of the act and...acquired for a public purpose could be utilised for any other public purpose. It has also observed that the acquired land which is vested in the government free from all encumbrances cannot be reassigned o...
Can't display summary as content is Scanned, Please open the judgment to see full content.