Kurian Joseph, J.
Leave granted.
2. It is not in dispute that though an award was passed in respect of the land belonging to the appellant, the appellant has not been dispossessed and hence the appellant is entitled for the protection under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. In fact, we find that in respect of the same very acquisition Notification in a situation where the possession is still retained by the owner, this Court by Judgment dated 22.01.2015 in C.A.No.7424 of 2013 titled Karnail Kaur & Ors. Vs. State of Punjab & Ors. reported in 2015 (3) SCC 206 [LQ/SC/2015/111] has quashed the Notification, therefore, this appeal is allowed. Proceedings for acquisition in respect of the land belonging to the appellant covered by this appeal stand quashed.
Pawan Kumar Aggarwal v. State Of Punjab
Pawan Kumar Aggarwal v. State Of Punjab
(Supreme Court Of India)
Civil Appeal No. 3789 Of 2016 (Special Leave Petition (Civil) No. 5502 Of 2014) | 11-04-2016
Advocate List
Bench
- HON'BLE MR. JUSTICE KURIAN JOSEPH
- HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN
Eq Citations
- 2016 (3) AJR 428
- AIR 2016 SC 2223
- 2016 (4) ALLMR 473
- (2016) 7 SCC 614
- 2016 (7) SCJ 790
- 2016 (3) RCR (CIVIL) 601
- 2016 (4) SCALE 197
- LQ/SC/2016/513
Head Note
Land Acquisition and Requisition — Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 — S. 242 — Notification issued under 2013 Act — Proceedings for acquisition of land of appellant quashed — Award passed in respect of land belonging to appellant but appellant not dispossessed — Protection under S. 242 of 2013 Act, available to appellant — Proceedings for acquisition in respect of land belonging to appellant quashed
