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Mode of Citation- ILC-2015-SC-CIVIL-....
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ILC-2015-SC-CIVIL-Jan-18

Karnail Kaur & Ors. Vs. State of Punjab & Ors.

Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013  - Section 24 (2)

Land Acquisition - Lapse of Proceedings - Appellants are still in possession and they have not accepted any compensation for their acquired land - Plea that there was stay passed by the Court hence possession could not be taken - Reliance placed on Section 24(2) as amended by Ordinance, 2014 for exclusion of time during which there was stay order of the Court - Held that the above said amendment has come into force w.e.f. 01.01.2024 - The amendment would not be applicable to the case on hand for the reason that these appeals were pending much prior to the ordinance and also the applications under Section 24(2) of the Act of 2013 were filed prior to the amendment to Section 24(2) by Ordinance and the same were heard and reserved for orders on 28.10.2023 -The Ordinance in so far as insertion of proviso to the above Section by way of an amendment is prospective - The acquisition proceedings in respect of the appellants' land have lapsed - Land acquisition proceedings notification in so far as the land of the appellants are concerned liable to be quashed.

Topic(s)-Land Acquisition - Lapse of Proceedings







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@2014 Indian law
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