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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
| Table of Content |
|---|
| 1. petition seeks enhanced land compensation. (Para 1 , 2) |
| 2. procedural history of co-owner compensation awards. (Para 3 , 4 , 5 , 6 , 7) |
| 3. rejected deposit application for co-owner share. (Para 8 , 9 , 10) |
| 4. writ despite delay and no reference. (Para 11 , 12 , 13) |
| 5. co-owners share enhanced compensation benefits. (Para 14 , 15) |
| 6. substantial justice requires uniform fair compensation. (Para 16) |
| 7. section 28a three-month limit post-appeal. (Para 17 , 18 , 19) |
| 8. relief granted without interest curtailment. (Para 20 , 21) |
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
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 ....
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