Back
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
K.SURENDER
Joseph Ligori – Appellant
Versus
District Collector, Kanyakumari District – Respondent
| Table of Content |
|---|
| 1. challenge to refusal of compensation under rfctlarr act. (Para 1 , 2) |
| 2. entitlement to dual awards under nh act and rfctlarr act. (Para 4 , 5 , 6) |
| 3. existence of alternative remedies under civil law. (Para 7 , 8) |
| 4. definition and entitlements of 'affected family' under rfctlarr act. (Para 10 , 11 , 12 , 13) |
| 5. requirement for the district collector to specify eligibility under rfctlarr. (Para 14 , 15) |
| 6. failure to comply with rfctlarr necessitates further evaluation. (Para 16 , 17 , 18) |
| 7. order to reconsider compensation under rfctlarr act. (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 2390 sq. meters in Survey No. 562/15 at Thiruvathancode
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 ....
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, 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....
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
