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DELHI HIGH COURT
NAVIN CHAWLA
Rajinder Kumar Agarwal – Appellant
Versus
Union of India – Respondent
JUDGMENT
Navin Chawla, J.
REVIEW PETITION 107/2021 & CM APPL. 22997/2021, CM APPL. 29182/2021 & CM APPL. 30776/2021
1. The present Review Petition has been filed by the respondent no. 9, Mr Raman Aggarwal, and Mr Pradeep Aggarwal, who claims themselves to be the legal heirs of Late Shri R.S. Chiranji Lal, seeking review and modification of the Order dated 21.01.2020 passed by this Court in the above writ petition.
2. By the Order dated 21.01.2020, this Court had directed the respondent no. 22 to notify the appointment of a new Arbitrator under Section 7(1)(b) of the Resettlement of Displaced Persons (Land Acquisition) Act, 1948 (hereinafter referred to as "the Resettlement of Displaced Persons Act") within a period of eight weeks of the date of the order, and for this purpose, expeditiously liaison with the Ministry of Law for seeking the nomination of the Arbitrator from them.
3. The petitioner had filed the above writ petition claiming that the respondent nos. 1 to 4 had failed to appoint an Arbitrator under the Resettlement of Displaced Persons Act to determine the amount of the compensation payable to the petitioner and the respondent nos. 5 to 21 under the said Act.
4.
The provisions of the Right to Fair Compensation and Transparency in Land Acquisition Act apply to ongoing arbitration arising from the Resettlement Act, and compensation must be determined under thi....
Section 6(e) of the General Clauses Act protects the pending legal proceedings for the enforcement of an accrued right from the effect of a repeal, this does not mean that the legal proceedings at a ....
Schedule-II deals with elements like provision of housing units in case of displacement, land for land, offer for developed land, choice of Annuity of employment, Subsistence grant for displaced fami....
Denial of rehabilitation and resettlement compensation under RFCTLARR Act was improper as it did not confirm eligibility despite prior compensation under the NH Act.
The court emphasized that past compensation does not preclude a party from claiming separate rehabilitation and resettlement compensation under the RFCTLARR Act, necessitating explicit evaluation of ....
The court clarified that under Section 34 of the Arbitration Act, the scope of review is limited to setting aside awards for patent illegality or public policy violations, not for modification.
The effect of interim orders on acquisition proceedings and the entitlement to compensation under the Act of 2013, as influenced by the interpretation of Section 24(1)(a) and the Faizabad Ayodhya Dev....
State legislation cannot provide lesser compensation than that guaranteed under parliamentary law, rendering it repugnant and unconstitutional.
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