Court : Mumbai Nagpur
..... 'ble constitution bench of hon'ble apex court in girnartraders (3) vs. state of maharashtra (supra), refuses to read section 11a of the land acquisition act, 1894 with section 125 and 129 of the mrtp act. it found that by doing so various developments scheme under mrtp would come to halt and public ..... (girnar traders [3] .vrs. state of maharashtra and others), to demonstrate that the provisions of section 11a of the land acquisition act, 1894 are not attracted in present matter and as the land acquisition proceedings continue, the petition is without any substance. 8. in this background they submit that notice for purchase under section ..... interest would suffer. the provisions introduced by 1984 amendment to land acquisition act, limited to the extent of acquisition of land, payment of compensation and recourse to legal remedies provided under the land acquisition act are read into acquisition controlled by the provisions of chapter vii of the mrtp act, but, with specific .....
Tag this Judgment!Court : Mumbai Nagpur
..... 11-5-1987, by an order dated 28-7-1988 issued under section 48 of the land acquisition act, 1896, the proceedings for acquisition of land in question were withdrawn. 2. the owner of the land in question was granted compensation under section 48 of the land acquisition act by the sub-divisional officer under his award dated 31-1-1990, and it was ..... . 4. relying upon the provisions of sub-sections (2) and (3) of section 48 read with sub-sections (1a) and (2) of section 23 of the land acquisition act, the only points urged by shri bhangde, the learned counsel appearing for the claimant are that (i) the reference court has committed an error in not awarding the solatium ..... , for the reason that sub-sections (2) and (3) of section 48 have to be read along with sub-section (1-a) of section 23 of the land acquisition act. the provisions cannot be read in isolation. the expression in consequence of the notice or of any proceedings thereunder ? employed under sub-section (2) of section 48 will .....
Tag this Judgment!Court : Mumbai Nagpur
..... code. further, we hold that provisions introduced in the land acquisition act, 1894 by central act 68 of 1984, limited to the extent of acquisition of land, payment of compensation and recourse to legal remedies provided under the said act, can be read into an acquisition controlled by the provisions of chapter vii of the mrtp act ..... judgment: (smt. vasanti a. naik, j.) 1. since the question whether the provisions of section 28a of the land acquisition act, 1894 would apply to the acquisitions under the maharashtra industrial development act, 1961 arises for determination in these writ petitions, they are heard together and are decided by this common judgment. 2. ..... 568, to substantiate his submission that the classification sought to be made for determination of the amount of compensation towards acquisition of the land under the defence of india act visavis land acquisition act is a reasonable and valid one. it is submitted that it was held in the aforesaid reported decision that the .....
Tag this Judgment!Court : Mumbai Nagpur
..... proceedings under the urban land ceiling act can be said to have commenced in respect of such land at this stage itself. acquisition under land acquisition act then will become obviously inconsistent. the same land cannot be subject matter of acquisition proceedings under both the acts. we have already seen how, provisions of the urban land ceiling act as to compensation are materially inconsistent with those of the land acquisition act. the land acquisition act would cease to ..... be operative on the land to that extent from that .....
Tag this Judgment!Court : Mumbai Nagpur
1. judgment dated 31/12/1999 delivered by joint civil judge, senior division, amravati in reference proceedings land acquisition case 13 of 1988 under section 18 of the land acquisition act,1894 (hereinafter referred to as "the 1894 act" for short), is assailed by both parties i.e., the landowners as also acquiring authority in these appeals under section 54 thereof. said reference ..... arose out of award dated 16/7/1987 in l.a.c. 3/laq- 47/83/84 made by the land acquisition officer for ..... and on behalf state of maharashtra. notification under section 4 of the 1894 act was published on 19/2/1984. while admitting first appeal no. 53/2001 filed by state, this court on 12 .....
Tag this Judgment!Court : Mumbai Nagpur
..... and another vs. marri venkaiah and others reported in 2003 (7) supreme court cases 280, while computing the period of limitation under section 28a of the land acquisition act, 1894, what the supreme court held would aptly sum up the challenge raised before us. the supreme court held as under: 7 plain language of the aforesaid ..... petition be allowed and the reliefs as prayed be granted. 8} it is not possible to accept the above contentions of mr.mehadia. section 28a of the land acquisition act, 1894 reads as under: 28a. re-determination of the amount of compensation on the basis of the award of the court.- (1) where in an award under ..... respondent no.1 by the notification dated 18th january 2003 issued under section 4 of the land acquisition act, 1894 (for short the act ), proposed to acquire 33.95 hectares land of mouza pimpri for minor irrigation project, including 2.27 hectares land of the land of the petitioner from the above gat. the petitioner further states that the notification under .....
Tag this Judgment!Court : Mumbai Nagpur
..... acquisition proceedings have lapsed. he has relied upon the following judgments of hon'ble apex court ..... respondent no.2 on 19/8/2001. thus, the amount was not paid to land owners and has not been deposited in the court in terms of section 31 of the land acquisition act, 1894. he further submits that ingredients of section 24(2) of the act of 2013 have not been satisfied in the present matter and, therefore, the ..... that the period of five years has expired. according to him, the landowners (the petitioners) have not filed any proceedings under section 18 of the land acquisition act and, therefore, no proceedings for enhancement of compensation were pending with the reference court or before any court. as such proceedings were not pending, the municipal corporation .....
Tag this Judgment!Court : Mumbai Nagpur
..... counsel has pointed out that in in earlier writ petition no. 650 of 2001 filed by these petitioners challenging notification dated 04.05.2000 under section 4 of land acquisition act, 1894, the subsequent notification dated 01.02.2001 under section 6 thereof and notices under section 9 were also questioned. that writ petition was disposed of on 20.08 ..... still declaration under section 6 dated 16.09.2010 is not within the period of one year as required by proviso to section 6(1) of land acquisition act, 1894. even as per dates given by learned additional gp, it is beyond one year. the said declaration is, therefore, void and bad. it is obvious that ..... .2009 by division bench of this court after noticing that section 5-a of land acquisition act is in two parts and the later part which required proper application of mind by government/ commissioner was not fulfilled. the court noted that commissioner simply made report .....
Tag this Judgment!Court : Mumbai Nagpur
..... and another vs. marri venkaiah and others reported in 2003 (7) supreme court cases 280, while computing the period of limitation under section 28a of the land acquisition act, 1894, what the supreme court held would aptly sum up the challenge raised before us. the supreme court held as under: 7 plain language of the aforesaid ..... petition be allowed and the reliefs as prayed be granted. 8} it is not possible to accept the above contentions of mr.mehadia. section 28a of the land acquisition act, 1894 reads as under: 28a. re-determination of the amount of compensation on the basis of the award of the court.- (1) where in an award under ..... no.1 by the notification dated 18th january 2003 issued under section 4 of the land acquisition act, 1894 (for short the act), proposed to acquire 33.95 hectares land of mouza pimpri for minor irrigation project, including 2.27 hectares land of the land of the petitioner from the above gat. the petitioner further states that the notification under .....
Tag this Judgment!Court : Mumbai Nagpur
..... of rs.3,000/- per hectare in respect of the lands of the said village. aggrieved by the compensation offered by the land acquisition officer by the said award, some of the land owners from the said village filed reference applications under section 18 of the land acquisition act before the civil court amongst which, reference was l.a.c ..... . no.190/1988 filed by one shri manik. the reference court by its judgment and order dated 17/04/1990 enhanced the compensation to rs.18,000/- per hectare along with the commensurate statutory benefits to which the land owners were ..... the petitioners herein became aware of the said judgment dated 17/04/1990 passed in the said land acquisition case no.190/1988 and the petitioners thereafter filed an application under section 28(a) of the said act. the special land acquisition officer, yavatmal on receipt of the said application agreed to grant the enhanced compensation to the .....
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