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Bombay High Court Allows Land Acquisition Appeals for Proper Market Value Determination. Reference Court's award based on averages set aside; matter remanded for fresh consideration of comparable sale instances and prior awards.

The judgment pertains to two First Appeals arising from land acquisition proceedings. The appellants, Dattatraya Ramchandra Chinchalikar through his l...

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KAHC010448052021_1

These Miscellaneous First Appeals were filed by the Assistant Executive Engineer of Visvesvaraya Jala Nigam Limited, the acquiring body, challenging t...

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High Court of Karnataka Resolves Batch of Writ Petitions Challenging Land Acquisition for 'Nadaprabhu Kempegowda Layout'. The Petitioners Sought to Quash Preliminary Notification Dated 21.05.2008 and Final Notification Dated 18.02.2010 Issued by Bangalore Development Authority.

A large batch of writ petitions came before the High Court of Karnataka at Bangalore, filed under Articles 226 and 227 of the Constitution of India. T...

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Bombay High Court Dismisses Petitioners' Challenge to Land Acquisition for Street Scheme Due to Delay and Laches. Acquisition Proceedings Initiated in 1969 and Completed in 1986 Cannot Be Challenged After 14 Years Without Justification.

The dispute relates to the acquisition of land bearing field Survey Nos.147/2, 153, 154/1, 2 and 3, 155, 156 and 156/1, admeasuring about 10.10 acres,...

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Bombay High Court Quashes Corrigendum Reducing Compensation under National Highways Act, 1956. Competent Authority Lacks Power to Review Award; Section 33 of Right to Fair Compensation Act Not Applicable Absent Notification Under Section 105(3).

This writ petition under Article 226 of the Constitution challenged a corrigendum issued by the Competent Authority under the National Highways Act, 1...

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Supreme Court Upholds High Court in Capital Gains Tax Case — Accrual Occurs on Date of Award, Not Notification. Transfer of Capital Asset Under Section 45 of Income-tax Act, 1961 Is Complete Only When Compensation Is Determined by Collector's Award, Even if Possession Taken Earlier.

The case concerns the assessment year 1971-1972 for the assessee Amrik Singh HUF, whose land was acquired by the Haryana Government for a college play...

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Supreme Court Upholds Validating Act in Land Acquisition Case; Retrospective Removal of One Law Cures Discrimination. Acquisition Under Mysore Land Acquisition Act Valid Despite Existence of City of Bangalore Improvement Act as Legislature Competently Validated Past Proceedings.

The case arose from land acquisition proceedings in Bangalore initiated by the State of Mysore under the Mysore Land Acquisition Act, 1894 for a publi...

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Bombay High Court Dismisses Second Appeal in Land Acquisition Case — Suit Barred by Limitation and Res Judicata. Appellants' challenge to 1965 acquisition notification filed in 1992 held time-barred under Article 58 of Limitation Act, 1963 and earlier writ petition dismissal operates as res judicata.

The appellants, original plaintiffs, filed a suit in 1992 seeking declaration of title and permanent injunction in respect of two suit properties bear...

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KAHC010022932010_1

A batch of writ petitions was filed under Articles 226 and 227 of the Constitution of India before the High Court of Karnataka at Bangalore, challengi...