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Supreme Court of India 2023-09-06 partly_allowed

LOONKARAN GANDHI (D) THR. LR vs STATE OF MAHARASHTRA AND ORS

Bench: 2 — Surya Kant, J.K. Maheshwari

In Brief

The Supreme Court partly allowed an appeal by an heir of a land owner whose property was compulsorily acquired by the Nagpur Improvement Trust in 1962-1969 for a street scheme. Possession was taken in 1970 but compensation was never determined—the award was only passed in 2013, over four decades later, and 'exparte' without the owner's notice. The Court held that Section 11-A of the Land Acquisition Act (which provides for lapse of acquisition) does not apply to NIT acquisitions. While rejecting the demand for alternative land, the Court directed a fresh award calculating market value as on the date of the belated award (2013) with statutory benefits from the original notification date, plus damages under Section 48-A for the inordinate delay caused by government authorities.

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Land Acquisition Compensation Constitutional Law Administrative Law Eminent Domain

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