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Head Note

The Land Acquisition Act, 1894  - Section 4 , Section 6 , Section 16

Land acquisition - Challenge as to - Respondents had purchased the suit land after the Award had been passed and possession of the land had been taken by the State, they could not have acquired any rights against the State - 'P' did not bring down the acquisition proceedings qua his land, but on the contrary, by accepting compensation, had manifested his acceptance of the Award - Once the land stood vested in the State under Section 16 of the Act, 'P' and his vendees, namely the Respondents, could not have created and engineered rights or interests in the property against the State, except the right of seeking and receiving enhanced compensation.

The Land Acquisition Act, 1894  - Section 4 , Section 6

Land Acquisition - Challenge as to - In the Judgment dated 08.01.2024 passed by the High Court in the case of 'A', it has been clarified that "only those persons, who are the owners on the date of Section 4(1) Notification alone can question the validity of the acquisition…when the property was already notified for acquisition, if the petitioners had come to purchase the property, they cannot have any right to agitate with regard to procedural violation." - There is thus no confusion that the relief of quashing of the Declaration under Section 6 of the Act was expressly limited to some while being plainly denied to others, signifying thereby, that the Declaration under Section 6 was left untouched in the other cases - In case of 'A', the Court annulled the Notification issued under Section 4 on the premises of limitation. - This would mean that the rest of the acquisition proceedings were left untouched by the Court in case of 'A' - Impugned Judgment liable to be set aside.

The Land Acquisition Act, 1894  - Section 4

Land Acquisition - Held that that unless the Declaration under Section 6 or the Notification under Section 4 of the Act is not explicitly quashed in toto or in its wholeness by the Court, the benefits of relief granted by the Court would be effective only qua the parties before it - Those who have missed the boat in challenging the acquisition proceedings, who sat idle and have let the grass grow under their feet cannot, thereafter, be permitted to jump on the bandwagon of others who entered the portals of the Court at the appropriate time and thereafter obtained favourable orders.

Topic(s)-Land Acquisition - Challenge as to - Valid