DEVASHIS BARUAH, MRIDUL KUMAR KALITA
National Projects Construction Corporation Ltd. – Appellant
Versus
Gopa Devi Chakma W/o Doya Ranjan (L) – Respondent
JUDGMENT :
DEVASHIS BARUAH, J.
1. Heard Mr. S. Dutta, the learned Senior counsel assisted by Mr. R. Subedi, the learned counsel appearing on behalf of the Appellants and Mr. C. Lalfakzuala, the learned counsel appearing on behalf of the private Respondents. I have also heard Ms. Zairemsangpuii, the learned CGC, appearing on behalf of the Union of India.
2. This intra-Court Writ Appeal is directed against the judgment and order dated 04.12.2019 passed in WP(C) No. 71/2018 whereby the learned Single Judge directed the District Collector Lawngtlai District, Lawngtlai to make appropriate calculation on the interest payable to the Petitioners which should be for the entire amount of compensation i.e. including the solatium and interest. The learned Single Judge further directed that the said calculation should be done within a period of 6 (six) weeks from the date of receipt of the certified copy of the impugned judgment and order. Further to that, the learned Single Judge directed that upon such calculation being made, the Collector shall forward the same to the Respondent Nos. 3 to 6 of the writ petition who shall make necessary arrangements of the funds required as expeditiously as poss
Kolkata Municipal Corporation and Another Vs. Bimal Kumar Shah and Others
National Highways Authority of India Vs. Sheetal Jaidev Vade and Others
Neyvely Lignite Corporation Ltd. Vs. Special Tahsildar (Land Acquisition) Neyvely and Others
The court affirmed the obligation to pay compensation for land acquisition, emphasizing the learned Single Judge's jurisdiction to direct payment when no challenge to the award existed.
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 court affirmed that awards under the Land Acquisition Act, once finalized, are binding, and the State must pay compensation despite challenges regarding land classification.
when there is a dispute between rival claimants, though not they appeared before the Acquisition Officer, still, they can claim compensation awarded under the Award.
The court ruled that the State Land Acquisition Officer cannot shift the date for determining compensation; only higher courts possess that authority under Articles 32/142 of the Constitution.
The court emphasized that failure to follow mandatory procedures in land acquisition invalidates the award, highlighting the necessity of proper notifications and consideration of market value as per....
Sections 12 read as award of Collector when to be final.
The acquisition process does not lapse under section 24(2) of the 2013 Act if compensation has been tendered to the landowners and possession of the land has been taken by the acquiring authority.
Petitioners are not entitled to claim compensation for structures on enhanced rate, on the basis of Standard Schedule Rates of 2005-06.
Payment of solatium and interest under the Land Acquisition Act is a statutory right, and a writ petition can be maintained to enforce this right even if compensation has been accepted.
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