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N. ANAND VENKATESH
V. Francis, S/o. Varuvel – Appellant
Versus
District Collector, Kanyakumari District, Nagercoil – Respondent
ORDER :
[Prayer:- Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus to direct the first respondent to pass orders on the representation dated 25.05.2020 for fixation of compensation awarded in the Modified Award No.7/14 dated 24.01.2018 as per the provision of Sections 26 to 30 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Central Act 30 of 2013) and by applying multiplier two and pay the revised compensation together with interest and other benefits to the petitioner.]
The issue involved in these Writ Petitions is common and therefore, these Writ Petitions are taken up together for hearing and disposed of by this common order.
2. In these Writ Petitions, the petitioners have sought for issue of a Writ of Mandamus directing the first respondent/District Collector to pass orders on the representations made by them seeking for re-fixation of compensation awarded as per the provisions under Sections 26 to 30 of the Right to Fair Compensation and Transparenc
Denial of rehabilitation and resettlement compensation under RFCTLARR Act was improper as it did not confirm eligibility despite prior compensation under the NH Act.
The court emphasized that past compensation does not preclude a party from claiming separate rehabilitation and resettlement compensation under the RFCTLARR Act, necessitating explicit evaluation of ....
Petitioners can obtain no cause for concern or apprehension, as impelled by them in this writ petition, because if they are to seek enhancement of the amounts under the Award as per Section 3G of the....
The court held that delay in seeking re-determination of compensation barred the petitioners' claims, emphasizing that executive guidelines cannot override statutory provisions.
The petitioner must pursue compensation enhancement through the appropriate Civil Court due to existing proceedings.
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