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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
GURMEET SINGH SANDHAWALIA, CJ, BIPIN CHANDER NEGI
Sohan Lal (Deceased) through LRs. – Appellant
Versus
HP Electricity Board – Respondent
JUDGMENT :
BIPIN CHANDER NEGI, J.
1. By way of the present writ petition, the following reliefs have been sought:-
“b) That the respondents be directed to pay the full and correct market value and compensation to the petitioner and respondent No.3 for their acquired land inherited from Sh. Kali Ram at the rate of Rs.48,400/- per bigha along with statutory benefits, in the same manner as has been done in the case of persons whose land was acquired under the same notification under Section 4 of the LAND ACQUISITION ACT , 1894.
c) That Section 18 as well as Section 28A of the LAND ACQUISITION ACT may kindly be declared to be invalid and unconstitutional to the extent that the limitation prescribed therein for filing an application for seeking a reference or for payment of the correct market value of the acquired land is violative of the mandate of Article 31-A-(1) 2nd Proviso of the Constitution of India and these provisions of the LAND ACQUISITION ACT may kindly be quashed and held unconstitutional and invalid to this extent and the petitioner and proforma respondent may be declared to be entitled to receive the true and correct compensation for their acquired land.”
2. In view of th
Co-owners of jointly acquired land entitled to same judicially determined enhanced compensation as awarded to one co-owner via reference and appeal, even without own application under Section 18 or 2....
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 affirmed that awardees under Section 11(2) of the Land Acquisition Act are entitled to seek redetermination of compensation under Section 28A, emphasizing the beneficial intent of the legis....
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 ....
(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....
Court emphasized the need for uniformity in compensation for similarly situated lands to ensure fairness, allowing for enhanced compensation under statutory provisions.
(1) Acquisition of land – Once an award is passed by High Court, earlier one passed by Reference Court ceases to exist, and stands subsumed within award of High Court – Same is case when an award is ....
Compensation for land acquisition cannot be restricted to the amount claimed by the landowner; courts must ensure just and fair compensation reflecting true market value.
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