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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
| 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 :
PARTHA SARATHI SEN, J.
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 disbursement of compensation on account of acquisition of land of their predecessor-in-interest as well as for grant of land loser certificate favourably.
2. It is pertinent to mention herein that the respondent no. 2/authority passed such reasoned order under challenge pursuant to the judgment and order dated 05.09.2022 as passed by a co-ordinate Bench of this Court in WPA 19511 of 2021.
3. In course of hearing, Mr. Mukherjee, learned advocate appearing on behalf of the writ petitioners at the very outset draws attention of this Court to the order under challenge dated 24.11
Authority's refusal to consider compensation claims due to procedural delays and lack of established rights is lawful; timely representation is essential in claims.
The right to compensation for acquired land must be established by land losers or their heirs before the authority, and failure to do so contemporaneously with the acquisition process results in the ....
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.
Approaching the court under Article 226 of the Constitution of India requires filing the writ petition within a reasonable period, and delay in filing the claim for compensation without a justifiable....
The High Court will not entertain a writ petition if an adequate alternative remedy exists, and the reassessment of compensation under the Railways Act was upheld as valid.
A legal heir is entitled to claimed compensation based on promises made by land acquisition authorities, regardless of significant delay, emphasizing principles of equity and promissory estoppel.
The court affirmed that delays in filing compensation claims under the Land Acquisition Act can be overlooked in favor of equitable treatment, preserving citizens' property rights under Article 300A.
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....
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