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IN THE HIGH COURT OF JUDICATURE AT MADRAS
K.SURENDER
Joseph Ligori – Appellant
Versus
District Collector, Kanyakumari District – Respondent
| Table of Content |
|---|
| 1. compensation for land acquisition (Para 1 , 2) |
| 2. respondent's finding on compensation adequacy (Para 3) |
| 3. entitlement under nh and rfctlarr acts (Para 4 , 5 , 6) |
| 4. arguments against further compensation claim (Para 7 , 8) |
| 5. application of rfctlarr provisions (Para 10 , 11 , 12) |
| 6. definition of affected family (Para 13) |
| 7. entitlement criteria under rfctlarr (Para 14 , 15) |
| 8. requirement for dual award consideration (Para 16) |
| 9. assessment of eligibility and compliance (Para 17 , 18) |
| 10. court's directive for award reconsideration (Para 19) |
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 1125 sq. meters in Survey No. 101/12B at Eranial Village, Kalkulam Tal
The District Collector must specify entitlement under the RFCTLARR Act when denying rehabilitation and resettlement compensation, irrespective of prior compensation under the NH Act.
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 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, 2013, apply to land acquisitions under the National Highways Act, requiring a detailed examination of indivi....
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....
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