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IN THE HIGH COURT AT CALCUTTA
Partha Sarathi Sen, J, PARTHA SARATHI SEN
Lakshmi Rani Dinda – Appellant
Versus
Union of India – Respondent
Headnote: Read headnote
| Table of Content |
|---|
| 1. claim for compensation based on predecessors. (Para 1 , 2 , 4 , 5 , 8) |
| 2. evaluation of authority's adherence to property ownership and representation protocols. (Para 6 , 10 , 12 , 14) |
| 3. delay in claims can invalidate compensation entitlement. (Para 20 , 21) |
| 4. writ petition dismissed due to lack of merit. (Para 23) |
JUDGMENT :
1. The subject matter of the instant writ petition is the order dated 24.11.2022 as passed by the respondent no. 2/authority whereby and whereunder the said respondent no. 2/authority declined to consider the representation of the writ petitioners for disburs
Authority's refusal to consider compensation claims due to procedural delays and lack of established rights is lawful; timely representation is essential in claims.
Aggrieved parties must seek arbitration under Section 20-F of the Railways Act for disputes related to compensation adequacy in land acquisition.
Compensation for requisitioned land must be properly communicated and made accessible to legal heirs.
Procedural fairness in land acquisition compensation matters is mandated, ensuring all parties receive a fair hearing.
The award under Section 23-A of the Fair Compensation Act, 2013 is not final and binding if all 'persons interested' did not appear before the Competent Authority and agree in writing on the matters ....
Subsequent purchasers of land can only claim compensation based on their vendors' titles and cannot challenge acquisition proceedings initiated under different statutes.
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