Supreme Court Annual Digest 2022- Land Laws

Agricultural Produce Markets Act, 1961 (Rajasthan) - Section 9 - It cannot be said to be a mandatory statutory obligation of the Market Committees to provide shop/land/platform on rent/lease. (Para 9) Krishi Upaj Mandi Samiti v. Commissioner, 2022 LiveLaw (SC) 203 : AIR 2022 SC 1234 : (2022) 5 SCC 62 Coal Mines (Nationalisation) Act, 1973; Section 3 - What was transferred to and vested in the Central Government were the coal mines - The ownership of the land was immaterial. If the land fell within the definition of the expression “mine” under the Nationalisation Act, the same stood transferred to and vested in the Central Government under Section 3(1). (Para 13) Bharat Coking Coal Ltd. v. Mahendra Pal Bhatia, 2022 LiveLaw (SC) 350 : AIR 2022 SC 1646 : (2022) 6 SCC 99 Coal Mines (Nationalisation) Act, 1973; Sections 2(h) and 3(1) - Focus is on the property and not on who the owner of the property is - Even the lands and buildings used solely for the location of the management, sale or liaison offices or for the residence of officers and staff were also included in the definition of the word “mine”. (Para 15) Bharat Coking Coal Ltd. v. Mahendra Pal Bhatia, 2022 LiveLaw (SC) 350 : AIR 2022 SC 1646 : (2022) 6 SCC 99 Code of Civil Procedure, 1908; Order 41 Rule 27 - High Court dismissed an application for additional evidence filed by the appellant to bring on record certain sale deeds and certified copy of the judgments and awards passed in other land acquisition cases, which he contended, were relevant for the purpose of determining the fair market value -Allowed - It was a case of awarding of fair compensation to the land owner whose land has been acquired for public purpose - There was no other material available on record to arrive at a fair market value of the acquired land. Therefore, in the facts and circumstances of the case, the High Court ought to have allowed the application for additional evidence. Sanjay Kumar Singh v. State of Jharkhand, 2022 LiveLaw (SC) 268 : AIR 2022 SC 1372 : (2022) 7 SCC 247 Highways Act, 2001 (Tamil Nadu); Section 15(2) - Highways Rules, 2003 (Tamil Nadu); Rule 5(2) - Highways Department may or may not file a statement by way of answer to the objections by land owners - Not a mandatory requirement - Non-filing of a statement by way of answer to the objections by the Highways Department and/or nonfurnishing the copy of the same to the original land owners shall not vitiate the entire process of acquisition process. (Para 5.1) M. Mohan v. State Government of Tamil Nadu, 2022 LiveLaw (SC) 737 : AIR 2022 SC 4085 Highways Act, 2001 (Tamil Nadu); Section 15(2) - Tamil Nadu Highways Rules, 2003; Rule 5 - Rule 5 cannot be said to be inconsistent with Section 15(2) of the Act. (Para 7) M. Mohan v. State Government of Tamil Nadu, 2022 LiveLaw (SC) 737 : AIR 2022 SC 4085 Imposition of Ceiling on Land Holdings Act, 1960 (Uttar Pradesh) - If subletting is in derogation of the terms of the Lease Deed, then the sub-lessee continues to be the ostensible tenure holder of land and the lessee the real holder. (Para 31-32) Hardev Singh v. Prescribed Authority, 2022 LiveLaw (SC) 44 : AIR 2022 SC 436 : (2022) 3 SCC 21 Industrial Areas Development Act, 1966 (Karnataka); Section 28(1), 41 - Power to acquire land beyond development by KIADB - Regulations framed by the Board under Section 41 also contemplates acquiring land for the purpose of allotment to a single company to set up an industry. (Para 37-39) M.S.P.L. Ltd. v. State of Karnataka, 2022 LiveLaw (SC) 886 Industrial Areas Development Act, 1966 (Karnataka); Section 29(4) - Land Acquisition Act, 1894; Section 18(1) - Person Interested - A subsequent allottee after the land was acquired by KIADB, can neither be said to be a beneficiary nor a "person interested" for the purpose of determination of compensation - The acquisition under the Land Acquisition Act, 1894 and the acquisition under the KIAD Act, 1966 are both distinct and the provisions under both the Acts are distinguishable. (Para 7.3-7.4) Gregory Patrao v. Mangalore Refinery and Petrochemicals Ltd., 2022 LiveLaw (SC) 602 : (2022) 10 SCC 461 Industrial Areas Development Act, 1966 (Karnataka); Sections 1, 3, 28 - Appeal against judgment of Karnataka High Court quashing the notifications for acquisition of land - Allowed - Division Bench committed an error in quashing the acquisition proceedings. M.S.P.L. Ltd. v. State of Karnataka, 2022 LiveLaw (SC) 886 Land Acquisition - Appeal against Himachal Pradesh HC judgment which disposed a writ petition challenging dispossession and seeking compensation - Allowed - In the absence of written consent to voluntarily give up their land, the appellants were entitled to compensation in terms of law - State directed to treat the subject lands as a deemed acquisition and appropriately disburse compensation to the appellants. Sukh Dutt Ratra v. State of...

Supreme Court Annual Digest 2022- Land Laws

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