Court : Supreme Court of India
..... short question which is posed for consideration of this court in the present special leave petitions is as to whether the solatium as contemplated under sub section (1) of section 30 of the right to fair compensation and transparency in land acquisition, rehabilitation and resettlement act, 2013 (hereinafter referred to as the 2013 act ) has to be calculated only on the market value and assets or the sum total of the market value, the assets and additional 12% per annum on the market value stipulated under sub section (3) of section 30 of the 2013 act?.2. ..... section 27 of the act provides for determination of the amount of compensation and section 28 of the act provides the parameters to be considered by the collector in determination of the award ..... is submitted that section 28 provides the parameters to be considered by the collector for determining the amount of the compensation to be awarded for the land acquired. ..... this stage, it is required to be noted that section 28 of the act provides for parameters to be considered by the collector in determining the compensation to be awarded for the land acquired, which includes the market value as determined under section 26 of the act and other parameters, but does not include the amount calculated and payable under sub section (3) of section 30 of the 2013 act. ..... that the central government published a notification under section 10 of the 1978 act, inter alia, declaring that the said land should be acquired in connection with the aforesaid .....
Tag this Judgment!Court : Karnataka
..... 3 scc533 para 11 and further declare that the acquisition is deemed to have been lapsed under section 24 & 25 of right to fair compensation and transparency in land acquisition, rehabilitation and resettlement act, 2013 and further declare that acquisition proceedings under section 24 and 25 of the act, central act 30 of 2013.-. ..... i am of the considered opinion that the authorities have a duty to act within the time frame prescribed either under the land acquisition act, 1894 till the time that it was in force or under the right - 58 - wp no.11551 of 2019 c/w wp no.25329 of 2017, wp no.25759 of 2017, wp no.11550 of 2019, wp no.11553 of 2019 to fair compensation and transparency in land acquisition, rehabilitation and resettlement act, 2013 from the date on which it came into force. ..... answer to point no.3: what is the reference point of time for considering the period prescribed under section 11a of the land acquisition act, 1894?. 22.1. ..... what is the reference point of time for considering the period prescribed under section 11a of the land acquisition act, 1894?.4. ..... thus, if no award under section 11 of l.a.act has been passed prior to larr act coming into force, then by applying the provision of larr act, the compensation would be required to be determined by the collector that is to say that the enquiry in terms of section 23 of larr act would have to be made by the collector and the award rendered. 23.6. .....
Tag this Judgment!Court : Karnataka
..... 3 scc533 para 11 and further declare that the acquisition is deemed to have been lapsed under section 24 & 25 of right to fair compensation and transparency in land acquisition, rehabilitation and resettlement act, 2013 and further declare that acquisition proceedings under section 24 and 25 of the act, central act 30 of 2013.-. ..... i am of the considered opinion that the authorities have a duty to act within the time frame prescribed either under the land acquisition act, 1894 till the time that it was in force or under the right - 58 - wp no.11551 of 2019 c/w wp no.25329 of 2017, wp no.25759 of 2017, wp no.11550 of 2019, wp no.11553 of 2019 to fair compensation and transparency in land acquisition, rehabilitation and resettlement act, 2013 from the date on which it came into force. ..... answer to point no.3: what is the reference point of time for considering the period prescribed under section 11a of the land acquisition act, 1894?. 22.1. ..... what is the reference point of time for considering the period prescribed under section 11a of the land acquisition act, 1894?.4. ..... thus, if no award under section 11 of l.a.act has been passed prior to larr act coming into force, then by applying the provision of larr act, the compensation would be required to be determined by the collector that is to say that the enquiry in terms of section 23 of larr act would have to be made by the collector and the award rendered. 23.6. .....
Tag this Judgment!Court : Karnataka
..... 3 scc533 para 11 and further declare that the acquisition is deemed to have been lapsed under section 24 & 25 of right to fair compensation and transparency in land acquisition, rehabilitation and resettlement act, 2013 and further declare that acquisition proceedings under section 24 and 25 of the act, central act 30 of 2013.-. ..... i am of the considered opinion that the authorities have a duty to act within the time frame prescribed either under the land acquisition act, 1894 till the time that it was in force or under the right - 58 - wp no.11551 of 2019 c/w wp no.25329 of 2017, wp no.25759 of 2017, wp no.11550 of 2019, wp no.11553 of 2019 to fair compensation and transparency in land acquisition, rehabilitation and resettlement act, 2013 from the date on which it came into force. ..... answer to point no.3: what is the reference point of time for considering the period prescribed under section 11a of the land acquisition act, 1894?. 22.1. ..... what is the reference point of time for considering the period prescribed under section 11a of the land acquisition act, 1894?.4. ..... thus, if no award under section 11 of l.a.act has been passed prior to larr act coming into force, then by applying the provision of larr act, the compensation would be required to be determined by the collector that is to say that the enquiry in terms of section 23 of larr act would have to be made by the collector and the award rendered. 23.6. .....
Tag this Judgment!Court : Karnataka
..... 3 scc533 para 11 and further declare that the acquisition is deemed to have been lapsed under section 24 & 25 of right to fair compensation and transparency in land acquisition, rehabilitation and resettlement act, 2013 and further declare that acquisition proceedings under section 24 and 25 of the act, central act 30 of 2013.-. ..... i am of the considered opinion that the authorities have a duty to act within the time frame prescribed either under the land acquisition act, 1894 till the time that it was in force or under the right - 58 - wp no.11551 of 2019 c/w wp no.25329 of 2017, wp no.25759 of 2017, wp no.11550 of 2019, wp no.11553 of 2019 to fair compensation and transparency in land acquisition, rehabilitation and resettlement act, 2013 from the date on which it came into force. ..... answer to point no.3: what is the reference point of time for considering the period prescribed under section 11a of the land acquisition act, 1894?. 22.1. ..... what is the reference point of time for considering the period prescribed under section 11a of the land acquisition act, 1894?.4. ..... thus, if no award under section 11 of l.a.act has been passed prior to larr act coming into force, then by applying the provision of larr act, the compensation would be required to be determined by the collector that is to say that the enquiry in terms of section 23 of larr act would have to be made by the collector and the award rendered. 23.6. .....
Tag this Judgment!Court : Karnataka
..... keeping in view the aforesaid difficulties has decided to extend the beneficial advantage to the landowners and uniformly apply the beneficial provisions of the rfctlarr act, relating to the determination of compensation and rehabilitation and resettlement as were made applicable to cases of land acquisition under the said enactments in the interest of the landowners; now, therefore, in exercise of the powers conferred by sub-section (1) of section 113 of the right to fair compensation and transparency in land acquisition, rehabilitation and resettlement act, 2013 (30 of 2013), the central government hereby makes - 31 - wp no.10103 of 2020 c/w wp no.12483 of 2020 wp no.12537 of 2020 wp no.14110 of 2021 the following order to remove the ..... it is thereafter that the draft rehabilitation and resettlement scheme is to be reviewed by the collector with the rehabilitation and resettlement committee at the project level constituted under section 45 of larr act and then, the scheme be published in a local newspaper inviting objections, after considering the objections and conducting an enquiry, an award under section 23 of the larr act is to be passed which would include a declaration of the rehabilitation and resettlement award. .....
Tag this Judgment!Court : Karnataka
..... keeping in view the aforesaid difficulties has decided to extend the beneficial advantage to the landowners and uniformly apply the beneficial provisions of the rfctlarr act, relating to the determination of compensation and rehabilitation and resettlement as were made applicable to cases of land acquisition under the said enactments in the interest of the landowners; now, therefore, in exercise of the powers conferred by sub-section (1) of section 113 of the right to fair compensation and transparency in land acquisition, rehabilitation and resettlement act, 2013 (30 of 2013), the central government hereby makes - 31 - wp no.10103 of 2020 c/w wp no.12483 of 2020 wp no.12537 of 2020 wp no.14110 of 2021 the following order to remove the ..... it is thereafter that the draft rehabilitation and resettlement scheme is to be reviewed by the collector with the rehabilitation and resettlement committee at the project level constituted under section 45 of larr act and then, the scheme be published in a local newspaper inviting objections, after considering the objections and conducting an enquiry, an award under section 23 of the larr act is to be passed which would include a declaration of the rehabilitation and resettlement award. .....
Tag this Judgment!Court : Supreme Court of India
..... section 24 are (i) cases where the land acquisition process shall be deemed to have lapsed; (ii) cases where the landholders are entitled to compensation in accordance (2015) 3 scc54152 53 land acquisition rehabilitation and resettlement bill 2011 introduced in lok sabha on 05.07.2011; right to fair compensation and transparency in land acquisition rehabilitation and resettlement bill, 2013 as passed by the lok sabha on 29.08.2013 and the right to fair compensation and transparency in land acquisition rehabilitation and resettlement act 2013 (as passed by both houses of parliament on 05.09.2013 ..... land acquisition process under act no.1 of 1984 (1) notwithstanding anything contained in this act, in any case of land acquisition proceedings initiated under the land acquisition act, 1894,-- (a) where no award under section 11 of the said land acquisition act has been made, then, all provisions of this act relating to the determination of compensation shall apply; or (b) where an award under said section 11 has been made, then such proceedings shall continue under the provisions of the said land acquisition act, as if the said act ..... after considering the various suggestions of the state 151 government, the committee made some recommendations, which are extracted hereunder: 16.5 the committee note that clause 24 of the bill provides that land acquisition cases/process shall be invalid on enactment of the new act in cases where collector has not given award or possession of the land has .....
Tag this Judgment!Court : Karnataka
..... keeping in view the aforesaid difficulties has decided to extend the beneficial advantage to the landowners and uniformly apply the beneficial provisions of the rfctlarr act, relating to the determination of compensation and rehabilitation and resettlement as were made applicable to cases of land acquisition under the said enactments in the interest of the landowners; now, therefore, in exercise of the powers conferred by sub-section (1) of section 113 of the right to fair compensation and transparency in land acquisition, rehabilitation and resettlement act, 2013 (30 of 2013), the central government hereby makes - 31 - wp no.10103 of 2020 c/w wp no.12483 of 2020 wp no.12537 of 2020 wp no.14110 of 2021 the following order to remove the ..... it is thereafter that the draft rehabilitation and resettlement scheme is to be reviewed by the collector with the rehabilitation and resettlement committee at the project level constituted under section 45 of larr act and then, the scheme be published in a local newspaper inviting objections, after considering the objections and conducting an enquiry, an award under section 23 of the larr act is to be passed which would include a declaration of the rehabilitation and resettlement award. .....
Tag this Judgment!Court : Supreme Court of India
..... determination of compensation as specified in the first schedule, rehabilitation and resettlement as specified in the second schedule and infrastructure amenities as specified in the third schedule to the right to fair compensation and transparency in land acquisition, rehabilitation and resettlement act, 2013 shall apply to the land acquisition proceedings under the 2002 act ..... act 6 for short, 2013 act 4 was however, subject to sub section (3) whereunder the central government had been bestowed power to issue notification within one year from the date of commencement of the act, to notify that the provisions of 2013 act shall apply to the cases of land acquisition under the enactments specified in the fourth schedule relating to determination of compensation, rehabilitation and resettlement ..... law for consideration is to have the repugnancy resolved by securing predominance to the state law, the president has to necessarily consider the nature and extent of repugnancy, the feasibility, practicalities and desirabilities involved therein, though may not be obliged to write a judgment in the same manner, the courts of law do, ..... collector for land acquisition, west madras & anr.16, it is submitted that the state enactments violate articles 14, 19, 21 on account of unreasonable classification between those persons whose lands are acquired for industrial purposes and those whose lands are acquired for other purposes thereby impacting their right to trade and occupation coupled with right .....
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