Chances of success are bleak for the administration
contest the case in SC if they appeal HC order
Land Acquisition
Chandigarh administration has notified my land to be acquired in 1998 under the land acquisition act 1894 . We moved the high court in year 2000 which in year 2016 quashed the notification with a rider that the land may be acquired in future for a public purpose under the Act of 2013 . Chd Admn moved the supreme court which remanded case back to high court in 2023 to hear the parties again . The high court in January of this year again quashed the said acquisition notification and kept the rider of likelihood of acquisition under the act of 2013 . The chd admn may move the Supreme court again with a Slp . What are their chances & what should the next step for us .
Asked 3 months ago in Constitutional Law
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10 Answers
The same judgment given by high court for the second time seems to be convincing the decision taken earlier, hence the supreme court may not favor the petitioner In SLP.
However without perusing the judgment no further opinion can be made.
You can file Caveat before Supreme Court and try to get their case dismissed on the very first date of hearing by placing correct facts.
Sanjeev Gupta
Advocate
Supreme Court
- Since, the Supreme Court has already remanded back the matter before the High Court , and the High Court quashed the notification with the earlier direction , then the repeated SLP before the Supreme Court on the same cause of action will not entertained.
Dear Client,
If the Chandigarh administration files an SLP in the Supreme Court, they will be challenging the High Court’s decision. The Supreme Court will consider whether there are substantial grounds to admit the SLP and potentially overturn the High Court's decision. The chances of the Chandigarh administration succeeding in the Supreme Court will depend on the strength of their arguments regarding the necessity and public purpose of the acquisition, as well as procedural adherence to the 2013 Act. Ensure you have competent legal representation experienced in land acquisition cases. Your defense should focus on emphasizing the High Court's findings, challenging the public necessity behind the acquisition if possible, and ensuring any future acquisition strictly adheres to the 2013 Act's provisions for fair compensation and rehabilitation. Should you require any further clarification, please do not hesitate to contact us.
Can you recommend a Senior Advocate who is an authority & well versed in Land Acquisition matters in the Supreme Court of India
Asked 3 months ago
You can contact Mr Sanjay Hedge senior counsel SC
You may enquire from the supreme court bar association and engage a senior counsel of your choice by yourself.
The Supreme Court in this case will deal with the said case in detail and decide the same and will not remand back now
File caveat in SC or wait for notice if SLP filed ?
Contact for same.
- You should try to contact yourself to engage a lawyer after meeting physically.