The Special Land Acquistion Officer v. Tariq S/O Habibbullakhan Pathan
Case brief
What is this about?
The bench analyzed whether landowners were entitled to compensation under the Law of Land Acquisition Act for portions of their land earmarked as 'road margin' for future widening. The court held that designating land as a road margin in the Master Plan does not automatically vest it with the State, nor does Section 32(5) of the KUDA Act apply to such external margins. Conditions requiring surrender of land free of cost were declared impermissible under Article 300-A without an executed registered deed. Consequently, Single Judge awards denying compensation were quashed, and the principal writ appeals were dismissed.
What did the court decide?
SLAO awards denying compensation quashed; impugned Single Judge order confirmed except to extent of award dismissal; appellants directed to pass fresh awards and pay compensation within three months.