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Supreme Court of India 2022-10-12 allowed

Bharat Petroleum Corporation Ltd. (BPCL) & Ors vs Nisar Ahmed Ganai & Ors

Bench: 2 — M.R. Shah, Krishna Murari

In Brief

Bharat Petroleum Corporation sought to acquire land in Jammu under the State Land Acquisition Act, 1990 for relocation of petroleum depots. When that Act was repealed and replaced by the Land Acquisition Act, 2013, landowners petitioned to obtain enhanced compensation under the new Act, arguing that no award had been declared. The Supreme Court held that Section 24(1)(a) of the 2013 Act applies only to acquisitions under the 1894 Land Acquisition Act, not to acquisitions under the 1990 State Act. The earlier Act's provisions survive its repeal, and landowners cannot exploit interim court orders they obtained to claim benefits under the new Act. The appeals were allowed and the cases remitted to the High Court to decide other grounds for challenging the acquisition.

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Land Acquisition Compensation Statutory Interpretation Constitutional Law Jammu and Kashmir

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