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LISA GILL, RITU TAGORE
Darshan Singh – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. compensation for demolitions not awarded. (Para 1) |
| 2. details regarding demolition and awards provided in court. (Para 2) |
| 3. petitioners unaware of supplementary awards. (Para 3) |
| 4. no interim relief granted for project continuation. (Para 4) |
| 5. hearing adjourned for further arguments. (Para 5) |
JUDGMENT
Lisa Gill, J.
Argument raised on behalf of the petitioners inter-alia was that residential houses of the petitioners and certain other structures are being demolished without any supplementary award being passed for compensation qua the said structures.
2. Learned counsel for NHAI (who was on advance notice) on 29.05.2023 was asked to seek instructions in this regard with a commensurate direction to learned counsel for the petitioners to supply descriptive detail of the land on which their residential houses are allegedly raised. Requisite information was supplied by learned counsel for the petitioners to learned counsel for the NHAI today morning itself. Learned counsel for the NHAI in the post lunch session informs that in so far as residential houses are concerned, there is only one residential house of Darshan Singh son of Baldev Singh and the main structure of the h
The main legal point established in the judgment is that for the acquisition proceedings to lapse under Section 24(2) of the 2013 Act, the landowner must prove that possession was not taken and compe....
Temporary encroachments obstructing public streets removed lawfully during survey with due procedure and hearing opportunity yield no compensation, possession, or resurvey rights.
The right to property is a constitutional right that cannot be denied without due process, and administrative circulars cannot override this right.
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