Digi - Legal Insights

Petitioners are unfairly affected by prior disputes involving Wellbuild hence, Respondent Nos.01 to 04 directed to issue completion/Occupancy Certificate in respect of Tower on application/proposal in that regard made by Petitioner in accordance with law.

As Society withdrew its amendment request for conveyance, leading to conclusion that both Courts improperly granted declarations in favor of society, as primary suit was solely for declaration of title, not for specific performance and findings of both courts were deemed erroneous and invalid.

Respondents are entitled to monthly interest due to delays in possession delivery, as per Section 18(1), confirmed by Supreme Court.

Competent Authority focused on actual dispute and no material evidence was presented to show any alteration due to misjoinder therefore, objection based on misjoinder was merely technical and insufficient to challenge authoritys substantive decision.

Acquired lands value should account for developmental costs, leading to calculated compensation adjustment for claimants hence, impugned judgment and award is partly set aside and modified.

Total market value of acquired land is fixed at Rs.25/- per sq.mtr. (inclusive of market value offered by the Special Land Acquisition Officer) and in addition, claimant will be entitled to statutory benefits under Sections 23(1-A), 23(2) and 28 of Act.

Respondent Collector (Land Acquisition) is directed to compute compensation as payable to Petitioners under 2013 Act and disburse to Petitioners, amount of compensation within period of four months.

Claimants are entitled to compensation of Rs. 6,516 per Are for acquired lands, inclusive of prior compensation and statutory benefits under Act.

Petitioner was not afforded an opportunity for hearing, violating natural justice principles hence, Mutation Entry putting encumbrances on land bearing Gat No.208 and Gat No.166 owned and possessed by Petitioner is quashed.

Stop work notice and rejection of Occupation Certificate on grounds of an absent NOC were ruled as arbitrary and illegal.

Impugned orders are well-reasoned and consider Petitioners' documents and arguments hence, unauthorized structures are deemed liable for demolition as illegality cannot be cured.

An Inspection Report validated existence of unauthorized structure, observable from public areas, leading to conclude that appellants did not meet necessary criteria for interim relief.

Petitioner is entitled to compensation under provisions of Act of 2013 and respondents must complete acquisition process and disburse compensation within one year.

In interest of justice and equity, Petitioners should be allowed to present their case for enhancement, ensuring that minor delay does not undermine their substantial rights, while also safeguarding States financial interests.

Petitioners, having purchased property from tenant, were required to obtain prior permission from Collector as per Section 43 of Act.

Petitioners should be allowed to present their case based on merits, as minor delay should not impede their substantive rights, while still safeguarding states interests in public finances.

Transfer of land by Collector, Pune, for a public housing project aimed at economically weaker sections is deemed lawful and serves a public purpose, with no identified illegality in Collectors actions.

Petitioner was not entitled to quash communication dated 21.09.2015, as necessary notice under Section 127 was satisfied and adequate public amenities were maintained in revised development plan effective from 10.02.2019.

Petitioners, who voluntarily gave possession of 25.39 acres of land in 2000, are not entitled to claim compensation or return of their land despite their plea, as they did not contest until December 2023.

Respondent No.3-State Government lacked authority to issue notifications that specified a multiplier factor of 1.00 for land acquisition related to national highways, as this power exclusively resides with Respondent No.1-Central Government.