Topic
Bombay High Court Aurangabad Bench sets aside a land acquisition compensation dismissal where claimants were denied a fair hearing due to their advocate's sudden withdrawal. The court ruled that procedural fairness mandates remand for fresh evidence, ensuring parties do not suffer for counsel's errors.
Karnataka High Court sets a precedent by dismissing a landowner's appeal under Section 54(2) of the Land Acquisition Act after he accepted compensation, delayed filing for nine years, and failed to disclose a prior Lok Adalat settlement. The ruling reinforces that courts will not entertain appeals constituting abuse of process, protecting finality in land acquisition disputes.
The Madhya Pradesh High Court ruled that the limitation period under Section 18 of the Land Acquisition Act for challenging compensation begins only when the award is actually communicated to the landowner, not from its issuance date. This holding ensures procedural fairness and prevents landowners from being barred from claims due to administrative delays in communication.
Bombay High Court rules that once a consent award under land acquisition is executed via registered sale deed, writ petitions under Article 226 cannot reopen compensation claims. Disputes over coercion, land classification, or valuation must be adjudicated in civil courts with proper evidence recording, reinforcing contractual finality in land acquisition proceedings.
The Gauhati High Court has ruled that once a landowner submits a written request for arbitration under Section 3G(5) of the National Highways Act, 1956, the authorities are legally bound to refer the compensation dispute to an arbitrator - regardless of whether compensation has already been paid. This reinforces that the right to arbitrate is not waived by receipt of payment and ensures landowners retain statutory recourse to challenge valuation adequacy.
Bombay High Court holds that writ petitions cannot be used to resolve disputed facts in land acquisition; petitioner must pursue appropriate civil proceedings.