RFCTLARR, 2013; Section 101 – Beneficial provision for the landowners whose lands were usurped but remained unutilized or were not used in accordance with the purpose stated in the notifications under Section 4. However, the application of the Section is warranted only in the circumstances where the return of the land would benefit the landowners. The party which has failed to utilize the land cannot plead for the return of the land and consequent refund of the compensation paid, as that would tantamount to taking advantage of its own wrong or default.
Constitution of India, 1950; Article 300A – The Right to Property in our country is a net of intersecting rights – A fair and reasonable compensation is the sine qua non for any acquisition process-The right to property is now considered to be not only a constitutional or statutory right, but also a human right. In a welfare State, the statutory authorities are legally bound to pay adequate compensation and rehabilitate the persons whose lands are being acquired. The non-fulfilment of such obligations under the garb of industrial development, is not permissible for any welfare State as that would tantamount to uprooting a person and depriving them of their constitutional/human rightTime is of the essence in determination and payment of compensation. (Para 43-47)
RFCTLARR, 2013; Section 38- The payment of full and final compensation to the land owners is a precursor to taking possession of the land sought to be acquired from such persons.
Land Acquisition Act,1894; Section 41– Section 41 necessitates an agreement between the appropriate government and the company for whose purpose the land is being acquired. One of the purposes of such an agreement is to ensure that payment towards the cost of acquisition is made by the company to the appropriate government and it is only upon such payment that the land is transferred to the company. (Para 54)