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SHAILENDRA SINGH
Parikshit Singh – Appellant
Versus
Union of India – Respondent
Shailendra Singh, J.—The instant writ petition has been filed by the petitioner under Article 226 of the Constitution of India seeking the following reliefs:—
“(i) For issuance of an appropriate writ for quashing of the Notice published on 21.4.2021 under the signature of the respondent no. 3 by which under Section 11(1) of the Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013 (hereinafter to be referred as "the Act") the Preliminary Notification has been issued for acquisition of the land of the petitioner for Rail Corridor for Buxar Thermal Power Station.
(ii) For issuance of an appropriate writ directing and commanding the respondents not to acquire the land of the petitioner for the purpose of construction of the Rail Corridor for Buxar Thermal Power Station and to use the Government land available in the vicinity for the said purpose.
(iii) For issuance of an appropriate writ directing and commanding the respondents to pay the petitioner the amount of compensation according to market rate by treating the land of the petitioner as commercial in nature with 100% soletium and interest as well as compensation amount for the Fact
Point of law: Court sitting under Article 226 of the Constitution of India in a writ petition cannot go into technical aspects with regard to the alignment of the canal, more particularly, in the abs....
The main legal point established in the judgment is that for the acquisition proceedings to lapse under Section 24(2) of the 2013 Act, the landowner must prove that possession was not taken and compe....
The land acquisition process is valid despite claims of forgery in records without prior objections raised during the process.
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