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Supreme Court Bars Reopening Pre-2018 Land Cases for Extra Compensation
The Supreme Court of India has ruled that land acquisition cases prior to 2018 under the NHAI Act can not be reopened to grant additional compensation with interest to affected farmers. This oral observation came during a review plea hearing by the National Highways Authority of India (NHAI). Court Background A bench led by Chief...
Landmark Ruling: Transfer Of Title In Immovable Property Doesn’t Attract Service Tax
New Delhi: In a significant verdict that provides much-needed clarity to the real estate sector and taxpayers, the Supreme Court of India has categorically ruled that the mere transfer of title in immovable property is not a taxable service and, therefore, does not attract Service Tax under the erstwhile Finance Act, 1994. The judgment, delivered...
Supreme Court Clarifies Land Acquisition Act: No Automatic Right to Job in Lieu of Acquired Land
New Delhi: In a decisive judgment that reinforces the supremacy of statutory law over policy decisions, the Supreme Court has ruled that individuals whose family land was acquired under the Land Acquisition Act, 1894, are not automatically entitled to a job as compensation. The ruling makes it clear that monetary compensation remains the sole statutory...
Land Acquisition Can’t Be Challenged After Compensation Is Accepted, Denies Relief to Company in Singur Case: SC
In a significant ruling clarifying the scope of relief in land acquisition disputes, the Supreme Court of India ruled that commercial entities cannot challenge an acquisition after having accepted the awarded compensation without protest. The apex court, while hearing an appeal filed by the State of West Bengal, set aside a Calcutta High Court order...
Rehabilitation Not Necessary In All Land Acquisition Cases: Supreme Court
New Delhi: In a pivotal ruling that defines the scope of rehabilitation entitlements for displaced landowners, the Supreme Court of India has clarified that the right to rehabilitation is not an automatic legal entitlement under every land acquisition. The court held that rehabilitation measures are mandatory only for individuals who lose their residence or means...
Land Compensation Mandate: Supreme Court Rules for Highest Comparable Sale Price
New Delhi: In a significant victory for landowners and farmers, the Supreme Court has clarified the guiding principle for determining compensation in compulsory land acquisition cases, ruling that authorities must generally consider the highest comparable bona fide sale price (or “exemplar”) rather than resorting to an average. The ruling, delivered by a bench of Chief...
