land acquisition law - The Legal Chamber

This Supreme Court judgment interprets Section 26 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, affirming the method for determining market value based on comparable sale instances. It clarifies that rental compensation for pre-acquisition occupation is not statutorily mandated, but equitable interest may be awarded under Section 28 for specific periods of dispossession. Facts Of The Case: This case concerns a long-standing dispute over a 37-Are (3,700 sq. m.) plot of land in Nashik, originally part of Survey No. 8/1. In 1972, the Nashik Municipal Corporation (then Council) resolved to reserve the land for public purposes and took possession of this portion without formal acquisition. A 1978 notification under land acqu...

The Supreme Court held that oustees (landowners whose land was acquired) cannot claim plots under HUDA’s 1992 policy rates but must comply with the revised 2016 policy. The Court clarified that suits under Section 39 of the Specific Relief Act for mandatory injunction require a proven legal obligation, which was absent here due to non-compliance with application formalities. It emphasized that rehabilitation schemes are discretionary, not a statutory right, and upheld the State’s authority to modify policies prospectively. The judgment also reinforced that Article 21 (right to livelihood) does not mandate plot allotments in land acquisition cases. Facts Of The Case: The case involved a dispute between the Haryana Urban Development Authority (HUDA) and landowners (oustees) whose land was ...

Tag: land acquisition law

Supreme Court Sides with Property Buyer: Restores ₹20 Crore Award Against Nashik Municipal Corporation

Land Acquisition & Rehabilitation : Oustees Must Follow 2016 Policy, Not 1992 Rates for Plot Allotments