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MEENAKSHI MADAN RAI
Janga Bahadur Chettri – Appellant
Versus
State of Sikkim – Respondent
| Table of Content |
|---|
| 1. compensation claims and acquisition process (Para 1 , 2 , 3) |
| 2. contentions of the parties regarding compensation (Para 4 , 5 , 6) |
| 3. court's analysis on award computation (Para 8 , 10 , 11) |
| 4. decision and order on compensation payment (Para 12 , 13 , 14) |
JUDGMENT
Meenakshi Madan Rai, J. - The prayers that are being pressed inter alia in the instant Writ Petition are as follows;
(i) a Writ or Order or direction or declaration directing the Respondent No.3 (National Hydro-electric Power Corporation Limited) to make payment of compensation amounting to Rs.10,82,01,083/- (Rupees ten crores, eighty two lakhs, one thousand and eighty three) only; and
(ii) a Writ or Order or direction or declaration directing the Respondent No.3 to make payment of interest @ 12% per annum on the total compensation amount until final payment of the entire sum of money.
(ii) The Petitioner herein is aggrieved by non-payment of compensation for acquisition of his property at Singbel Block, Makha, East Sikkim, the Award of which was calculated at Rs.8,18,39,019/- (Rupees eight crores, eighteen lakhs, thirty nine thousand and nineteen) only, and upon inclusion of 4% establishment charge and 40 tim
Compensation for land acquisition must be determined under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, where prior proceedings unde....
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.
Compensation for requisitioned land lapses if not awarded timely, necessitating initiation of fresh acquisition proceedings, as per relevant statutory provisions.
Compensation in land acquisition must adhere to statutory requirements, including formal awards under section 11 of the Land Acquisition Act, or provisions of the updated Act of 2013 apply.
Subsequent purchasers of land can only claim compensation based on their vendors' titles and cannot challenge acquisition proceedings initiated under different statutes.
Section 24(1)(a) of the Act, 2013 applies only to land acquisition proceedings initiated under the Land Acquisition Act, 1894, and not to acquisitions initiated under any other Central or State enact....
Section 24 of the Right to Compensation Act does not apply to acquisitions initiated under the West Bengal Requisition and Acquisition Act; subsequent purchasers can only claim compensation based on ....
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.
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