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SURESHWAR THAKUR, KULDEEP TIWARI
Ashok Kumar Garg – Appellant
Versus
Union of India – Respondent
JUDGMENT
Sureshwar Thakur, J. - Through the instant petition, the petitioner asks for assigning the hereinafter reliefs:-
(a) To release 100% compensation awarded by Competent Authority for Land Acquisition-cum-DRO, Ludhiana vide Award No. 69 dated 27.09.2021 immediately without any delay or laches.
(b) To pay to the petitioner at least 18% interest on the amount of compensation from the date of award to the actual date of payment.
(c) To pass the supplementary award for land provefore, the said Second and Third Schedule, as become appended to the Act of 2013, require(s) an allusion thereto becoming made. Necessarily for delving into, besides for ensuring a deep analysis thereof, the extraction of the said Schedules, is imperative, as such the said Schedules are ad verbatim extracted hereining the remaining part of compensation to be assessed strictly in view of section 26 to 30 and First Schedule of the Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013 (for short 'the Act of 2013).
(d) To pass the award for structures strictly in view of section 26 to 30 and First Schedule of the Act of 2013, on getting the assessment made by a Ce
Schedule-II deals with elements like provision of housing units in case of displacement, land for land, offer for developed land, choice of Annuity of employment, Subsistence grant for displaced fami....
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....
Compliance with statutory requirements for land acquisition is critical, but national interest may override individual objections when procedures are followed. The court upheld the legality of the ac....
State legislation cannot provide lesser compensation than that guaranteed under parliamentary law, rendering it repugnant and unconstitutional.
Section 108 of Act 30 of 2013 gives an option to the affected families to avail better compensation and rehabilitation and resettlement.
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