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SANDEEP KUMAR
Dhan Jee Pandey @ Gauri Shankar Pandey S/o Late Akshay Kumar Pandey – Appellant
Versus
Union of India through the Managing Director, New Delhi – Respondent
JUDGMENT :
SANDEEP KUMAR, J.
1. By way of this writ petition, the petitioner has prayed for the following reliefs:
(ii) To issue an appropriate writ/order/direction in the nature of mandamus declaring that the amount of compensation determined in terms of the circle rate prevalent in the year 2014 considering the land to be residential is proper and legal.
(iii) To issue an appropriate writ/order/direction in the nature of mandamus commanding the Respondents not to recover the amount of compensation paid in the year 2014 to the brother of the petitioner.
(iv) To stay the order dated 23.09.2020 passed by Respondent No. 6 during the pendency of this writ application.”
2. The facts of this case are that for the purpose of four-laning of NH-84 in the district of Buxar, the National Highways Authority of India (NHAI) had issued notifications in the official Gazettee for acquisition o
The court emphasized the importance of providing the affected party with an opportunity to be heard before passing any order prejudicial to their rights, in line with the principles of natural justic....
Compensation for land acquisition should be based on actual land usage and not notional fixation by authorities.
Compensation for land acquisition must be equitably distributed among all co-owners, and mistaken payments can be reclaimed by the authority.
Co-owners of jointly acquired land entitled to same judicially determined enhanced compensation as awarded to one co-owner via reference and appeal, even without own application under Section 18 or 2....
The court emphasized the importance of the competent authority following the statutory functions under the National Highways Act, 1956, and upheld the petitioner's entitlement to rightful compensatio....
Section 3-G(4) of Act stipulates that such notice shall state particulars of land and shall require all persons interested in such land to appear in person or by an agent or by a legal practitioner b....
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