irrigation - The Legal Chamber

The Supreme Court allowed the appeals, applying parity from its earlier decision in Manohar & Others. It upheld the market value determined from comparable sale exemplars but mandated a 20% deduction due to the superior location and smaller size of the exemplar plots. The Court awarded enhanced compensation with statutory benefits under the Land Acquisition Act, 1894, while denying interest for the delay in filing the Special Leave Petition. Facts Of The Case: The appellants were landowners whose agricultural lands near Jintur town in Parbhani District were acquired in the 1990s under the Maharashtra Industrial Development Act, 1961, for setting up an industrial area. The Land Acquisition Officer passed an award in 1994, fixing compensation. Dissatisfied with the quantu...

The Supreme Court ruled that a man-made lake constructed for irrigation is not a statutory "wetland" under the 2017 Rules, exempting it from a complete ban on permanent construction. However, the Court applied the Public Trust Doctrine, extending its protection to such artificial water bodies and prohibiting permanent structures to ensure ecological balance and public use. Facts Of The Case: The appellant, Swacch Association, an environmental organization, filed a Public Interest Litigation before the Bombay High Court challenging various construction and recreational projects in and around the Futala Lake in Nagpur. The association argued that the lake was a protected 'wetland,' and that the construction of a Viewer's Gallery on its bank, the installation of a Musical Fountain and an ar...

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Supreme Court on Land Acquisition: Proximity to Town & Highway Matters in Valuation

Public Trust Doctrine Extended: Supreme Court Says Man-Made Lakes Must Also Be Protected for Public Good