harish 30 November 2022

Status of compensation when sec 6 of land acquisition quashed by court

Hon'ble supreme Court quashed 17 (1) , 17 (4) and sec 6 of land acquisition act and ask govt to invite objection u/s 5A Later Fresh sec 6 declaration issued by Govt and Court quashed sec 6 on the facts of Padmausundara Rao &Ors vs State Of T.N. & Ors

Question arise

1) what is the status of possession taken by Govt after court order

2) what is the status of award after court order

3) whether govt can take advantage from Indore Development authority case u/s 24(2) when acquisition proceeding had been lapsed under land acquisition act 1894.

4) whether Govt can fill SLP after 6 year of judgment on the basis Indore development authority case

Reply Follow

1 Replies

S. Gupta (Legal Scholar) 23 December 2024

1. **Status of Possession**: If the court quashed the acquisition, the possession taken by the government is typically considered invalid, and the land should revert to the original owners.

2. **Status of Award**: The award given by the government would also be invalidated if the acquisition is quashed by the court.

3. **Indore Development Authority Case**: The government cannot take advantage of the Indore Development Authority case under Section 24(2) if the acquisition proceedings have already lapsed under the Land Acquisition Act, 1894 v ... - CaseMine](https://www.casemine.com/judgement/in/5ffdef8f9fca1917ab0e8e8c).

4. **Filing SLP After 6 Years**: The government can file a Special Leave Petition (SLP) after 6 years if they provide valid reasons for the delay. The Supreme Court has the discretion to accept the SLP if it finds the reasons satisfactory In The Supreme Court of India](https://www.legalserviceindia.com/legal/article-1494-how-to-file-special-leave-petition-slp-in-the-supreme-court-of-india.html) In Supreme Court Of India](https://lawbhoomi.com/special-leave-petition-slp-in-supreme-court-of-india/).