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AUGUSTINE GEORGE MASIH, VIKRAM AGGARWAL
Ravinder Singh – Appellant
Versus
Union of India – Respondent
JUDGMENT
Vikram Aggarwal, J.
CM-1431-LPA-2019
Prayer in this application is for the condonation of delay of 1 day in filing the appeal.
In view of the contents of the application which is duly supported by an affidavit of Mr. Jatinder Singh Gill, Advocate, the same is allowed and delay of 1 day in filing the appeal is condoned.
LPA-602-2019
The appellants have preferred this Letters Patent Appeal against the judgment dated 18.01.2019 passed by the learned Single Bench, vide which the writ petition filed by the appellants challenging the order dated 18.12.2013 (Annexure P-13 with the writ petition) (reference to Annexures hereinafter shall indicate reference to Annexures with the writ petition) passed by respondent No.6 was partly allowed.
2. The appellants are purchasers of small parcels of land situated in Village Bir Rajpura, Tehsil Rajpura, District Patiala. This land, along-with other land was acquired, vide notification dated 20.04.2010, issued under section 20A of the RAILWAYS ACT , 1989 (hereinafter referred to as 'the RAILWAYS ACT '). After acquisition, Award dated 14.12.2011 was passed. However, compensation for the said land was not paid to the appellants on the ground th
The Collector is statutorily obligated to refer disputes regarding compensation apportionment to the Court, and failure to do so renders any decision made without jurisdiction.
The court affirmed the obligation of the state to pay compensation for land acquisition as mandated by law, emphasizing the validity of the award and the constitutional right to property.
Only those with registered titles have the legal entitlement to compensation under land acquisition proceedings, and claims for common areas must be substantiated by clear legal doctrines.
when there is a dispute between rival claimants, though not they appeared before the Acquisition Officer, still, they can claim compensation awarded under the Award.
Subsequent purchasers of land can only claim compensation based on their vendors' titles and cannot challenge acquisition proceedings initiated under different statutes.
The main legal point established in the judgment is that when complicated questions arise as regards entitlement and apportionment of compensation, the Collector should make a reference to the Court ....
The competent authority under the National Highways Act lacks jurisdiction to apportion compensation and must refer such disputes to the Principal Civil Court.
The principle of 'feeding the grant by estoppel' ensures that the transferee retains rights in land even if initial claims are disputed, affirming established ownership rights based on historical tra....
Compulsory acquisition of land – If any individual is to be divested or deprived of said right by State, it ought not be done without giving compensation in accordance with law for land so acquired f....
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