Dinesh vs State Of Madhya Pradesh 2024 INSC 418 – Land Acquisition – RFCTLARR

RFCTLARR Act, 2013 ; Section 3(e)-The Collector would be deemed to be the “appropriate Government” under the proviso to Section 3(e) of the Act of 2013 only when a land acquisition notification is issued by the appropriate Government that is the State Government indicating the limits of the area to be acquired for a public purpose and appointing the Collector as the authority empowered to acquire that particular area of land ‘in the district’ over which the officer holds jurisdiction. Hence, this proviso requires notification by the State Government of a particular area within the district to be acquired for public purpose and only for such limited area, the Collector would be authorised by deeming fiction to act as the appropriate Government – [In this case, neither was the land acquisition notification issued by the District Collector nor was the acquisition limited to a particular district. Hence, the District Collector could not have exercised the powers of the appropriate Government by virtue of the proviso to Section 3(e) of the Act of 2013 which authority continued to vest in the State Government.] (Para 20-21)

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