Tag: Land Acquisition

Civil court has no jurisdiction to interfere with acquisition of land

Forum for judicial review of Land Acquisition:

Section 9 of CPC exclude jurisdiction of Civil Court:

Futile attempts have been made by respondent no. 4 only to see that the allottees are harassed and to keep the litigation pending. After the final notification, an award was passed and compensation was deposited. Possession was taken and the same was evidenced by the Panchanama prepared as far back as 23.09.1986. Notification under Section 16(2) of the Land Acquisition Act was issued on 20.01.1987 disclosing the factum of taking possession of the land in question. Attempt made by respondent no. 4 for getting the disputed land de-notified has also failed as far back as 15.01.1993, when the State Government has rejected the representation of respondent no. 4 seeking de-notification. The writ petition filed by respondent no. 4 challenging such order of dismissal of the representation was also dismissed. Despite the same, respondent no. 4 is pursuing the matter by filing writ petition after writ petition. It is a clear case of abuse of process of law as well as the Court.

Abuse of process of Court:

Continue reading “Civil court has no jurisdiction to interfere with acquisition of land” →

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Lapse of land acquisition due to delay.

Effect of Delay in Land Acquisition Proceedings:

Delay of over two years in publication of declaration:
Under Land Acquisition Act, 1894, notification of declaration must be published within 2 years from date of notification u/s. 4 of the said Act of 1894:

In this case,

(1) Declaration under Section 6 is published in the Gazette on 22/5/2008;

(2) Declaration under Section 6 is published in two local news papers on 10/6/2008 and 13/6/2008. There is no publication in village Chawadi as per the record and

(3) The award is passed on 12/10/2010. Continue reading “Lapse of land acquisition due to delay.” →