Supreme Court Ruling Eases Appeal Process for Land Acquisition Cases
The Supreme Court decided that appeals against land acquisition compensation aren't limited by the Limitation Act, 1963. It ruled such appeals can be filed under the Right to Fair Compensation and Transparency in Land Acquisition Act, 2013. The decision clarifies the applicability of laws for compensation determination.
- Country:
- India
In a pivotal decision, the Supreme Court has determined that appeals filed against land acquisition compensation are not restricted by the Limitation Act. This allows the high courts to condone delays when such petitions are submitted, offering clarity on the applicability of compensation laws.
The court addressed a complex legal issue, examining the interplay between the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, and Limitation Act, 1963. The bench underscored that for land acquisition cases initiated under the 1894 law without award issuance before the 2013 statute, compensation must be adjudicated per the new law.
The ruling emphasized that parties aggrieved by awards can appeal to high courts under Section 74 of the 2013 Act. The approach reinforces the notion that proceedings before the Authority are original, establishing awards as judgments and decrees, while the high courts need to prioritize a practical approach in delay condonation is crucial.
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