ANSHUMAN
Rama Nand Choudhary – Appellant
Versus
State of Bihar – Respondent
Dr. Anshuman, J.—Heard learned counsel for the petitioner and learned counsel for the State.
2. The present petition has been filed for directing the respondent authority to consider and dispose of the representation of the petitioner dated 18.09.2018 (Annexure-2) filed in terms of the Right to Fair Compensation And Transparency in Land Acquisition, Rehabilitation And Resettlement Act, 2013 for determination of the amount of compensation awarded in favour of the petitioner against his land appertaining to Khata No. 205, new Khesra No. 1094, 1094A, and 1095 (old Khesra No.1120 and new Khesra 1095 old no. 1074 respectively, situated at Village -Mahinathpur, P.S. Bharibsthan, District- Madhubani which has been taken for broadening and realignment NH-57.
3. Learned counsel for the petitioner submits that he is son of Lilanand Choudnary and in whose name letter has been issued from the Land Acquisition Officer, Madhubani. He further submits that the petitioner had received part payment but due to death of his father he could not receive the full payment towards compensation and, therefore, the money towards compensation is still lying with the District Land Acquisition Officer, Madhubani.
The central legal point established in the judgment is that the right to compensation for expropriation of property is guaranteed under Article 300A of the Constitution of India, and delay in seeking....
The central legal point established in the judgment is the dismissal of the petition due to delay and laches, highlighting the importance of timely legal action in seeking compensation for land acqui....
It is well-settled that under Article 226, power of High Court to issue an appropriate writ is discretionary.
Article 300A only limits powers of State that no person shall be deprived of his property save by authority of law.
The delay in approaching the court did not debar the petitioner from seeking remedy under Article 226 of the Constitution of India. The demand for justice was compelling, and the court emphasized the....
Delay and laches are principles of equity that can disable opposing authorities from effectively contesting claims due to the passage of time.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.