Upgrad LLM

land acquisition act

Is the judgement by 3 judges of supreme court in Satyendra Prasad Jain Vs. State of U.P(1993) is correct on grounds of law and ethics.?

Judgement says-"If the govt. does not pay the 80% of the compensation amount as said in Section 17(3a) of the act,the possession of the land vests in the govt. only and the possession is not considered illegal.

Even if the govt. does not pay the compensation award for 2 years ,Section 11A does not apply  to cases where possesssion of the land is already taken by the  Govt. authorities. "

Though,Section -11A does not provide for any exclusion in the Act and also the time for making award cannot be extended.

Please help..!




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