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Secretary, Govt. Of India, Ministry Of ... vs The Additional Commissioner, Nagpur ... on 26 August, 2021

This is because the ratio of the Judgment in the case of Narain Das Jain vs. Agra Nagar Mahapalika (supra), would not be applicable insofar as Section 23(1-A) of the Land Acquisition Act is concerned, in view of the specific declaration of law and its clarification given by the Hon'ble Supreme Court in the context of the said provision and its applicability to acquisitions undertaken as per the provisions of the Act of 1956.
Bombay High Court Cites 35 - Cited by 1 - M Pitale - Full Document

Shri Sarjuprasad S/O Sangamlal Gupta vs National Highways Auth. Of India, Thr. ... on 26 August, 2021

This is because the ratio of the Judgment in the case of Narain Das Jain vs. Agra Nagar Mahapalika (supra), would not be applicable insofar as Section 23(1-A) of the Land Acquisition Act is concerned, in view of the specific declaration of law and its clarification given by the Hon'ble Supreme Court in the context of the said provision and its applicability to acquisitions undertaken as per the provisions of the Act of 1956.
Bombay High Court Cites 35 - Cited by 0 - M Pitale - Full Document

Secretary, Govt. Of India, Ministry Of ... vs The Additional Commissioner, Nagpur ... on 26 August, 2021

This is because the ratio of the Judgment in the case of Narain Das Jain vs. Agra Nagar Mahapalika (supra), would not be applicable insofar as Section 23(1-A) of the Land Acquisition Act is concerned, in view of the specific declaration of law and its clarification given by the Hon'ble Supreme Court in the context of the said provision and its applicability to acquisitions undertaken as per the provisions of the Act of 1956.
Bombay High Court Cites 35 - Cited by 0 - M Pitale - Full Document

Murlidhar S/O Suganchand Agrawal vs National Highways Auth. Of India, ... on 26 August, 2021

This is because the ratio of the Judgment in the case of Narain Das Jain vs. Agra Nagar Mahapalika (supra), would not be applicable insofar as Section 23(1-A) of the Land Acquisition Act is concerned, in view of the specific declaration of law and its clarification given by the Hon'ble Supreme Court in the context of the said provision and its applicability to acquisitions undertaken as per the provisions of the Act of 1956.
Bombay High Court Cites 35 - Cited by 0 - M Pitale - Full Document

State Of Maharashtra Thru ... vs Srikant Tamanappa Utge And Anr on 4 June, 2019

31. As the acquisition of the acquired land is compulsory acquisition, the claimants are also entitled to statutory benefits under Sections 23 (1A) and 23 (2) of the Act. On enhanced compensation, the claimants are also entitled to interest under Section 28 of the Act. Now question arises whether the interest under Section 28 of the Act can be calculated from the date of dispossession of the claimants i.e. from 22.12.1992 or from the date of passing of award i.e. 29.08.1997. Though the claimants have placed reliance on the cases of "Manipur Tea Company ::: Uploaded on - 06/06/2019 ::: Downloaded on - 07/06/2019 00:19:25 ::: (26) First Appeal No. 1094/2002 Pvt. Ltd. Vs. The Collector", "Narayan Das Jain Vs. Agra Mahapalika", "Haridwar Development Authority Vs. Raghuvir Sing" and the Judgment delivered by this in First Appeal No. 831 of 2014 (Prabhakar Vs. State of Maharashtra and others) (all cited supra), after going through these Authorities, it become clear that in none of these cases, the possession of acquired land was taken prior to the date of publication of notification under Section 4 (1) of the Act.
Bombay High Court Cites 20 - Cited by 0 - Full Document

Etti Gounder vs 3/7 on 4 October, 2021

“Thus, a classification made between different sets of landowners whose lands happen to be acquired for the purpose of National Highways and landowners whose lands are acquired for other public purposes has no rational relation to the object sought to be achieved by the Amendment Act i.e. speedy acquisition of lands for the purpose of National Highways. 50/70 http://www.judis.nic.in W.P.Nos.697, 701, 716, 721, 722, 724, 725 & batch cases etc., On this ground alone, the Amendment Act falls foul of Article 14.” In such cases, a Constitutional Court has a paramount duty to remedy the injustice done to the landowner as was explained in Narain Das Jain v. Agra Nagar Mahapalika [(1991) 4 SCC 212], in the following words :
Madras High Court Cites 69 - Cited by 0 - N Seshasayee - Full Document

Etti Gounder vs 3/7 on 4 October, 2021

“Thus, a classification made between different sets of landowners whose lands happen to be acquired for the purpose of National Highways and landowners whose lands are acquired for other public purposes has no ra- tional relation to the object sought to be achieved by the Amendment Act i.e. speedy acquisition of lands for the purpose of National Highways. On this ground alone, the Amendment Act falls foul of Article 14.” In such cases, a Constitutional Court has a paramount duty to remedy the injustice done to the landowner as was explained in Narain Das Jain v. Agra Nagar Mahapalika, [(1991) 4 SCC 212], in the following words :
Madras High Court Cites 68 - Cited by 0 - N Seshasayee - Full Document
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