K. M. JOSEPH, PAMIDIGHANTAM SRI NARASIMHA
New Okhla Industrial Development Authority (Noida) – Appellant
Versus
Yunus – Respondent
JUDGMENT :
K. M. JOSEPH, J.
1. Leave granted.
2. In these batch of cases, the question which arises is whether the Award passed by a Lok Adalat under Section 20 of the Legal Services Authorities Act, 1987 (hereinafter referred to as the ‘1987 Act’) can form the basis for redetermination of compensation as contemplated under Section 28A of the Land Acquisition Act, 1894 (hereinafter referred to as ‘Act’). By the impugned judgment, the High Court has taken the view that the Award passed by the Lok Adalat can indeed form the foundation for exercising power under Section 28A of the Act.
3. A notification came to be issued under Section 4(1) of the Act on 21.03.1983 in respect of villages situated in Tehsil Dadri (Situation in District Ghaziabad) for planned industrial development contemplated by the Appellant. By the Award of the Land Acquisition Officer, which was passed on 28.11.1984, compensation was fixed for the lands belonging to the respondents herein inter alia at the rate of Rs.24,033 per bigha. The respondents did not seek enhancement under Section 18 of the Act. One Fateh Mohammed filed an application seeking reference against the Award dated 28.11.1984. The said reference was m
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