Search Results for "deemed lapsing"

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Search Results for "deemed lapsing"

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Supreme Court

Supreme Court Considers Validity of State Legislation Taking Over Century-Old Trust on Grounds of Repugnancy and Constitutional Violations. Appeal Challenges High Court's Dismissal of Writ Petition Upholding Srimati Radhika Sinha Institute and Sachchidanand Sinha Library (Requisition & Management) Act, 2015, with Issues Involving Legislative Competence Under Concurrent List and Arbitrary Acquisition Under Articles 14 and 300A of the Constitution.

10 Mar 2026

The appeal arose from a challenge to the Srimati Radhika Sinha Institute and Sachchidanand Sinha Library (Requisition & Management) Act, 2015, ena...

High Court

Bombay High Court Dismisses Petition Challenging Provisional Attachment Order Under PMLA — Upholds Validity of Section 5(1) Attachment Without Prior Show Cause Notice. Court holds that provisional attachment under Section 5(1) of PMLA is an interim measure and does not require prior hearing, as the Act provides for post-decisional hearing under Section 8.

24 Nov 2025

The petitioners, Mr. Naresh T. Jain and two companies, challenged a provisional attachment order dated 30th September 2021 passed by the Director of E...

High Court

High Court Dismisses Petition Challenging Land Acquisition After 38 Years, Citing Delay and Laches. Petition Barred by Inordinate Delay – Abuse of Process of Law – Maharashtra Industrial Development Act, 1961 – Article 226 of the Constitution of India

17 Mar 2025

Delay and Laches: The Court held that a petition filed after an inordinate delay, without any justification, is barred by the principles of delay and ...

Supreme Court

Supreme Court Allows Government Appeal in Land Acquisition Lapse Case — Subsequent Purchaser Cannot Claim Lapse Under Section 24(2) of RFCTLARR Act, 2013. High Court's reliance on overruled Pune Municipal Corporation decision renders declaration of lapse unsustainable.

2 Dec 2022

The Government of NCT of Delhi and another appealed against the judgment of the Delhi High Court which declared that the acquisition proceedings conce...

Supreme Court

Supreme Court Interprets Time Limits for Awards Under Land Acquisition Laws in Appeal Against High Court Ruling on Lapse of Proceedings. The Court Examines Whether the Two-Year Period Under Section 11A of the Land Acquisition Act, 1894 Applies Post-Repeal or the Twelve-Month Period Under Section 25 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 Governs Awards Under Section 24(1)(a).

10 Nov 2021

The dispute arose from land acquisition proceedings initiated by the State of Maharashtra for the Gosikhurd Project. On 16th June 2011, a notification...

High Court

Bombay High Court Allows Land Acquisition Lapse Claim Under Section 24(2) of RFCTLARR Act, 2013 — Notice Issued to Deceased Person Invalid. The court held that a notice under Section 12(2) of the Land Acquisition Act, 1894 issued to a person who had died before the notice is invalid, and since possession was not taken and compensation not paid, the acquisition proceedings lapse under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

8 Jan 2019

The petitioner, Vithoba Ravaji Jadhav (since deceased through legal heir Subhash Vithoba Jadhav), owned land Gat No.422/2 at Vadgaon Bhande, Tal. Daun...

High Court

Bombay High Court Allows Landowners' Petition for Mandamus in Town Planning Acquisition Case — State Directed to Issue Declaration Under Section 126(2) MRTP Act for Playground Reservation. Failure to Complete Acquisition Despite Deposit of Compensation Entities Landowner to Writ of Mandamus Under Section 126(4) of Maharashtra Regional and Town Planning Act, 1966.

6 Aug 2018

The petitioners, owners of land bearing Revision Survey No.138 admeasuring 3 Hectares and 65 Ares in Kolhapur, sought a writ of mandamus directing the...

High Court

Bombay High Court Allows Writ Petition Challenging Refusal to Release Land from Reservation Under Maharashtra Regional and Town Planning Act, 1966 — Reservation Lapses Due to Non-Acquisition Within Statutory Period. The court held that the petitioner's land, reserved for playground and primary school since 1994, became free from reservation after the planning authority failed to acquire it within 12 months of the purchase notice under Section 127 of the MRTP Act.

31 Jul 2017

The petitioner, Lalchand s/o Hemandas Sainani, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court, Aura...

High Court

Bombay High Court Allows Writ Petition for Lapse of Land Reservation Under MRTP Act Due to Inaction of Planning Authority. Reservation Lapses When Planning Authority Fails to Take Steps for Acquisition Within Six Months of Notice Under Section 127 of Maharashtra Regional and Town Planning Act, 1966.

3 Mar 2011

The petitioner, Vijaykumar Motilal Hirakhanwala, owned lands bearing Survey No. 386 (2.78 H) and Survey No. 389 (1.23 H) within the limits of Jalna Mu...

High Court

Bombay High Court Allows Development of Surrendered Land After Reservation Lapses — Revocation of Permission by Municipal Council Held Illegal. The court held that once a reservation lapses, the land reverts to the owner and any subsequent surrender is voluntary, and the Municipal Council cannot revoke permission granted on such surrender.

6 Jul 2006

The petitioners, owners of Field Survey Nos. 96/3 and 98/2 in Khamgaon, sought to develop open spaces after surrendering land for a 60 ft. wide D.P. R...

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