Back
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
P.T.Asha
Achuthan Pillai (died) – Appellant
Versus
District Collector of Kanyakumari at Nagercoil – Respondent
ORDER :
P.T. Asha, J.
Challenging the rejection of her application claiming enhanced compensation under Section 28A of the LAND ACQUISITION ACT , 1984, on the ground of limitation, the petitioner is before this Court.
2. The short facts, which forms the prelude for the filing of this writ petition, are as follows:
2.1. The petitioner, who is represented by his wife and Guardian on the ground that the petitioner is an idiot, would submit that the petitioner/her husband is the owner of an extent of 1 acre and 34 cents and 72 cents in R.S.Nos.653/2 and 652/1 respectively totally measuring an extent of 2 acres and 4 cents, at Manavalakurichi Village, Kalkulam Taluk, Kanyakumari District.
2.2. It is her case that these lands along with the other lands were notified under Section 4(1) of the LAND ACQUISITION ACT , 1894 (herein after referred to as Act). The lands were acquired for the third respondent by the second respondent. An award was passed in Award No.4/81-82 awarding compensation of Rs. 57,101.80/- to the petitioner for the acquisition of his lands and other land owners were also given compensation for their lands that had been acquired. Since the compensation granted was very low,
The limitation period for seeking redetermination of compensation under Section 28A of the Land Acquisition Act begins from the date of the original court's award, not from appellate decisions.
The limitation period for filing applications under Section 28A of the Land Acquisition Act, 1894, is strictly three months from the date of the reference court's award, with no provision for extensi....
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 ....
Section 28A of the Land Acquisition Act allows for re-determination of compensation based on subsequent awards, promoting equity among landowners who could not challenge earlier awards.
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 limitation period under Section 28-A of the Land Acquisition Act is strict and cannot be extended based on personal circumstances or knowledge of the judgment.
The provisions of Section 28A of the Land Acquisition Act, 1894, should be construed to advance the policy of the legislation to extend the benefit rather than curtailing it.
The modified award dated 5 September, 1994, superseded the original award dated 15 February, 1984, by application of the doctrine of merger. The Collector's rejection of the petitioners' application ....
The time limit for claims under Section 28A of the Kerala Land Acquisition Act is determined by the reference court's award date, promoting consistency and fairness in compensation claims.
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
