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V. KAMESWAR RAO, ANOOP KUMAR MENDIRATTA
Dharamvir Udar – Appellant
Versus
Land Acquisition Collector (Sw) – Respondent
JUDGMENT
Anoop Kumar Mendiratta, J.
1. A Writ petition under Article 226 of the Constitution of India has been preferred by the petitioners for quashing of order dated 09.02.2017 passed by the Land Acquisition Collector, South West/Respondent No.1 whereby the Reference Petition filed by the petitioners under Section 18 of the Land Acquisition Act, 1894 was rejected as time barred. Consequently, it is further prayed for issuing appropriate writ(s)/order(s)/direction(s) in the nature of mandamus, directing the Land Acquisition Collector, South West to refer the Reference Petition filed by the petitioners on 08.09.2015 under Section 18 of the Land Acquisition Act, 1894 to the concerned Civil Court for adjudication, in accordance with law.
2. In brief, as per the case of the petitioners, they are the recorded co-owners of large chunk of land comprising Khasra No.59/1 (4-08), 2/1 min. (2-16), 9 min (4-12), 10 (4-16), 11 (4-04), 12 (3-00) and 59/9 min. (0-04) total admeasuring 24 bighas situated in the revenue estate of Village Dhool Siras, New Delhi wherein the petitioners are having 1/3rd share each respectively being the LRs of Shri Gyani Ram. In the above-mentioned land, the petiti
The court clarified that under the Land Acquisition Act, only one award is envisaged, and no Supplementary Award is contemplated. It emphasized that any grievance regarding non-determination of compe....
Section 11 A of 1894 Act read as period within which an award shall be made.
Petitioners are not entitled to claim compensation for structures on enhanced rate, on the basis of Standard Schedule Rates of 2005-06.
Limitation under Section 18(b) of Land Acquisition Act runs from actual/constructive knowledge of award contents if no Section 12(2) notice; market value from pre-notification sales with escalation.
The reference proceedings under Section 18 of the Land Acquisition Act should be decided on merits, and claimants should be given the opportunity to lead evidence in support of their claim for enhanc....
Sections 12 read as award of Collector when to be final.
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 court affirmed the obligation of the state to pay compensation for land acquisition as mandated by law, emphasizing the validity of the award and the constitutional right to property.
The judgment emphasizes the importance of compliance with the Land Acquisition Act and the availability of remedies under Section 64 for resolving grievances related to compensation and acquisition p....
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