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MANMOHAN, ASHA MENON
Virender Kumar – Appellant
Versus
Union Of India – Respondent
JUDGMENT
Manmohan, J.
Cm APPL.12077/2021
Exemption allowed, subject to all just exceptions.
Accordingly, present application stands disposed of.
W.P.(C) 4000/2021
1. Present writ petition has been filed challenging the order dated 24th August, 2020 passed by respondent-Land Acquisition Collector (North) whereby the proceedings in petitioner's pending application under Section 28A of LA Act for re-determination of compensation has been adjourned sine die.
2. Petitioner seeks a direction to the respondent to decide the said application for re-determination of compensation of land comprised in Khasra No. 20/2 (1-01) and 20/3 (3-12) in all measuring 4 bighas 13 biswas situated in the revenue estate of village Holambi Kalan, Delhi, in a timely manner.
3. Learned counsel for the petitioner states that LAC failed to appreciate that the petitioner's application under Section 28A was within the limitation as it was filed on 08th May, 2019 i.e. immediately after the order dated 12th April, 2019 passed by the ADJ (North) Rohini wherein the court, had fixed the rate of land @ Rs 19,43,500/-. According to him, the petitioner's case is covered by this order.
4. Per contra learned counsel for the respon
Timely decision on applications for re-determination of compensation under Section 28A of the Land Acquisition Act, 1894 is emphasized by the court.
The court directed the reconsideration of land acquisition compensation based on a prior award, emphasizing the statutory provision under the Land Acquisition Act.
The court upheld the necessity to promptly consider applications for compensation re-determination under Section 28A of the Land Acquisition Act.
The limitation period for seeking redetermination of compensation under Section 28A of the Land Acquisition Act begins from the date of the original court's award, not from appellate decisions.
The limitation for re-determining compensation under S.28A is from the Reference Court's award date, not the appellate order.
The limitation period for filing applications under Section 28A of the Land Acquisition Act, 1894, is strictly three months from the date of the reference court's award, with no provision for extensi....
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