Seth Shri Jeevan Lal Singhania Fam.Tr. v. State of Chhattisgarh and Ors.
Case brief
What is this about?
Land acquisition; Naya Raipur Development Project; Section 4(1)/17(1)/17(4) Land Acquisition Act 1894; urgency dispensing with Section 5-A inquiry; composite notification; Section 5-A(2) Collector's competence; Section 6 declaration; Section 7/8/9 notices; Section 11 award; Section 24(1)(a), 23, 25 RFCTLARR Act 2013; lapse of acquisition for want of award within 12 months of 01-01-2014; Section 64 alternative remedy; curable irregularity in Section 9 notice; rural vs urban market value/multiplier; First Schedule read with Section 30(2); Section 64 application dismissed for want of prosecution; villages Chhatouna, Nimora, Navagaon; NRDA; compensation recovery with 7% interest; writ petitions dismissed (2011/2013/2014 batches) but 2017 batch allowed and awards dated 22-12-2015 and 31-12-2015 quashed.
What did the court decide?
WPC Nos. 6426, 6427, 6428 of 2011, WPC Nos. 1648, 1649, 1651 of 2013 and WPC Nos. 1965, 1966, 1969 of 2014 dismissed. WPC Nos. 1944, 2517, 2520 of 2017 allowed: awards dated 22-12-2015 and 31-12-2015 quashed; respondents at liberty to draw fresh acquisition proceedings under the 2013 Act, or if the land is not required, recover the compensation already paid along with interest @ 7% per annum from the date of payment till realisation.