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IN THE HIGH COURT OF JUDICATURE AT MADRAS
K.SURENDER
A.Sundaraj – Appellant
Versus
District Collector, Kanyakumari District, Nagercoil – Respondent
ORDER :
K. SURENDER, J.
This writ petition has been filed challenging the order dated 09.01.2025 passed by the first respondent refusing rehabilitation and resettlement under Section 31 (1) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation, and Resettlement Act, 2013 (hereinafter referred to as the "RFCTLARR Act") and consequently, to direct the first respondent to pass an award as per Section 31 (1) of the RFCTLARR Act for all the entitlement for as per Schedule - I and II, to the petitioner.
2. The petitioner's land, measuring 2390 sq. meters in Survey No. 830/5 at Valvachabgostam Village, Kalkulam Taluk, Kanyakumari District, was acquired for NH – 47. Based on the entitlement, a total amount of Rs. 43,13,942/- was granted as compensation under an arbitral award by the Collector after the petitioner applied against the compensation granted by the Authorised Officer and the Special District Revenue Officer (Land Acquisition). Thereafter, the petitioner submitted an application dated 30.03.2024 to the first respondent/District Collector, claiming rehabilitation and resettlement compensation. In the said application, the petitioner provided detail
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 ....
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 District Collector must specify entitlement under the RFCTLARR Act when denying rehabilitation and resettlement compensation, irrespective of prior compensation under the NH Act.
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 competent authority under the National Highways Act is responsible for declaring rehabilitation and resettlement awards, not the district Collector, as per the provisions of the Right to Fair Com....
The provisions of the Right to Fair Compensation and Transparency in Land Acquisition Act apply to ongoing arbitration arising from the Resettlement Act, and compensation must be determined under thi....
The provisions of the Right to Fair Compensation and Transparency in Land Acquisition Act, 2013, apply to land acquisitions under the National Highways Act, requiring a detailed examination of indivi....
Section 6(e) of the General Clauses Act protects the pending legal proceedings for the enforcement of an accrued right from the effect of a repeal, this does not mean that the legal proceedings at a ....
Point of Law – NHAI, or the other competent Authority, is at liberty to act as per Section 3E of the "NH Act" while taking possession of the acquired properties, notwithstanding the pendancy of the a....
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