Back
ORISSA HIGH COURT, CUTTACK
BISWANATH RATH
Shiba Prasad Majhi @ Siba – Appellant
Versus
Spl. Land Acquisition Officer, Lower Indra Irrigation Project – Respondent
| Table of Content |
|---|
| 1. challenge to lok adalat award and compensation. (Para 1 , 2) |
| 2. arguments regarding compensation assessment. (Para 3 , 4 , 5 , 6) |
| 3. details of compensation awarded by lok adalat. (Para 7 , 8) |
| 4. observation of discrimination in compensation. (Para 9) |
| 5. reference to supreme court decisions on compensation. (Para 10 , 11) |
| 6. order for remand for fresh adjudication. (Para 12) |
| 7. conclusion and order of remand. (Para 13) |
JUDGMENT :
BISWANATH RATH, J.
1. This Writ Petition involves a challenge to the impugned award dated 9.09.2017 passed by the Lok Adalat in LAR Case No.7 of 2017 arising out of L.A. Case No.24 of 2000.
2. Background involved in this case is; Petitioner lost his land for being acquired by the Special Land Acquisition Officer, Khariar for construction of Lower Indra Irrigation Project in the District of Nuapada. For payment of compensation at a lower side, Petitioner raised his objection in a way demanding higher compensation. The proceeding was consequently registered U/s.18 of the LAND ACQUISITION ACT , 1984 for being considered by the learned Senior Civil Judge, Nuapada. Copy of protest of the Petitioner is at Annexure-2. On receipt of such protest petition
Discrimination in compensation assessment can justify interference with Lok Adalat decisions, ensuring equitable treatment for similarly situated landowners.
Point of Law : Acquisition of Land - Re-determination of compensation - Award of Lok Adalat - Award of Lok Adalat, through an executable decree binding between parties to it, does not amount to a det....
The main legal point established in the judgment is that delay, estoppel, and lack of grounds for challenging acquisition proceedings can bar a petition seeking quashing of the acquisition.
(1) Application under Section 28A of Land Acquisition Act, 1894 cannot be maintained on the basis of an award passed by Lok Adalat under Section 20 of Legal Services Authorities Act, 1987 – Award pas....
Awards passed by Lok Adalat can be challenged in writ jurisdiction where fraud is alleged, despite limitations on appeals.
Compensation claims under Section 28A of the LAND ACQUISITION ACT must be based solely on court awards, not those from Lok Adalats, reinforcing the importance of formal adjudication.
An award from Lok Adalat cannot serve as a basis for a compensation claim under Section 28A of the Land Acquisition Act, as it is not an adjudicated court award.
Objection to execution of decree – Statutory finality attached to Lok Adalat award leaves no room for appellate or plenary civil remedy against the award treated as a decree – Award may be executed a....
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
