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RAJESH KUMAR VERMA
Union of India – Appellant
Versus
Fulpati Kunwar – Respondent
Rajesh Kumar Verma, J.—Heard Mr. Bindyachal Rai learned counsel for the petitioners (Railway), learned counsel for the Respondent Nos. 1 & 2 as well as learned counsel for the State.
2. The present writ petition has been filed by the petitioners (Railway) for quashing the order and award dated 23.11.2013 passed by the National Lok Adalat, Sasaram in LA Case No. 278 of 2013 arising out of Land Acquisition Case No. 13 of 2007 whereby the Learned Lok Adalat has directed the petitioners (Railway) to pay the compensation to the husband and father of the Respondents at the rate of Rs. 51,000.00/- (fifty one thousand) per decimal along with solatium at the rate of 30% and interest as mentioned in the award.
3. Learned counsel for the petitioners submits that the railway acquire piece of land having an area of 0.9325 acres under the Land Acquisition Act in which award was prepared by the Respondent No. 3 fixing the rate of land at Rs.20,00,000/-(Rupees twenty lakhs) and Rs. 12,16,000/-(Rupees twelve lakhs sixteen thousands) per acre (Rs. 20,000/- and Rs. 12,160/- per decimal respectively) and on that basis an award No.40 was prepared, the land in question was acquired in connection with cons
The main legal point established in the judgment is that delay, estoppel, and lack of grounds for challenging acquisition proceedings can bar a petition seeking quashing of the acquisition.
It is well-settled that under Article 226, power of High Court to issue an appropriate writ is discretionary.
The principle that delay and laches may result in the refusal of relief under Article 226 of the Constitution of India.
when the fraud is alleged the same is required to be pleaded and established by leading evidence. Mere allegation that there was a fraud is not sufficient.
Point of Law : Challenge to the award of Lok Adalat can be done only by filing a writ petition under Article 226 and/or Article 227 of the Constitution of India in the High Court and that too on very....
The Lok Adalat exceeded its jurisdiction by making a non-party to the original suit a party and failing to provide a fair hearing, violating the Legal Services Authority Act.
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