Back
A. J. DESAI, BIREN VAISHNAV
Jashiben Lallubhai Patel – Appellant
Versus
Competent Authority, Nhai – Respondent
ORDER :
(Biren Vaishnav, J.)
1. In all these petitions, RULE is made returnable forthwith and with the consent of the learned counsel for the respective parties, the matters are taken up for final hearing.
2. For the averments made in the application, the Civil Application for joining party in Special Civil Application No.26651 of 2022 is hereby allowed.
3. The common issue involved in all these petitions is as to whether the awards passed in the respective petitions need to be modified/amended/revised and the compensation be recomputed and recalculated qua the lands of the petitioners by multiplying the market value as determined under Section 26(1) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter to be referred to as ‘the Act of 2013’ for short) with Factor-2 as per Section 26(2) and applying all other statutory benefits including solatium under Section 30(1), interest under Section 30(3) of the Act and to determine and pay such compensation with interest as per the award ratio laid down by this Court in Special Civil Application No.8734 of 2019 and other cognate matters decided on 12.09.2019.
The main legal point established is that the awards under the Act may be modified and compensation recomputed by applying Factor-2 and paying statutory benefits without amounting to reviewing or modi....
The court ruled that completed acquisitions cannot be reopened or compensated under the Land Acquisition Act, 2013, as finality under the National Highways Act, 1956 was achieved.
The court applied the doctrine of prospective overruling to save past transactions under earlier decisions superseded or statutes held unconstitutional.
Competent Authority under National Highways Act becomes functus officio after passing award under Section 3G(1) and lacks jurisdiction to issue corrigendum or modified award for same land.
Once an Award is passed by the Arbitrator under the National Highways Act, there is no scope for the District Collector/Arbitrator to re-determine the compensation on any grounds.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
