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IN THE HIGH COURT OF DELHI AT NEW DELHI
BALWAN SINGH AND ORS. – Appellant
Versus
GOVT OF NCT OF DELHI AND ANR – Respondent
| Table of Content |
|---|
| 1. challenges to land acquisition compensation process. (Para 1 , 4 , 5 , 6 , 7) |
| 2. petitioners seek enhanced compensation. (Para 2 , 3 , 8) |
| 3. argument on limitation due to lack of knowledge. (Para 9 , 10 , 11) |
| 4. lac's counter-arguments to petitioners' claims. (Para 12 , 13) |
| 5. interpretation of section 28a of the la act. (Para 14 , 15 , 16) |
| 6. limitations on filing applications under section 28a. (Para 17 , 18 , 19) |
| 7. clarification on who qualifies for notice in compensation applications. (Para 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27) |
| 8. rejection of the petition based on limitation. (Para 28 , 29) |
| 9. possible future applications under section 28a. (Para 30 , 31 , 32) |
| 10. final dismissal of petition. (Para 33) |
JUDGMENT :
VIBHU BAKHRU, J.
1. The petitioners have filed the present petition impugning an order dated 16.08.2024 (hereafter the impugned order) passed by respondent no.2 (hereafter LAC), whereby the application preferred by the petitioners under Section 28A of the Land Acquisition Act, 1894 (hereafter the LA Act) was dismissed on the ground of limitation.
2. The petitioners also pray that directions be issued to the respondents to pay compensation to the petitioners at
Limitations under Section 28A of the Land Acquisition Act are strict; applications must be filed within three months from the award date, not from the date of knowledge.
The court confirmed the maintainability of applications under Section 28A of the Land Acquisition Act based on higher compensation awards from appeals, emphasizing equitable relief for disadvantaged ....
Section 28A of the Land Acquisition Act allows for re-determination of compensation based on subsequent awards, promoting equity among landowners who could not challenge earlier awards.
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 period under Section 28-A of the Land Acquisition Act is strict and cannot be extended based on personal circumstances or knowledge of the judgment.
(1) Limitation for moving application under Section 28-A of Land Acquisition Act, 1894 will begin to run only from date of award on the basis of which redetermination of compensation is sought.(2) E....
Delay in application under Land Acquisition Act, 1894 cannot be condoned; strict adherence to three-month limit is mandatory.
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