Ram Bharose vs State of U. P. - 2022 Supreme(All) 1492

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(All) 1492

RAJESH BINDAL, PIYUSH AGRAWAL
Ram Bharose – Appellant
Versus
State of U. P. – Respondent

Advocates:
Advocate Appeared:
For the Petitioner: Jai Singh.
For the Respondents: Nipun Singh, Meenakshi Singh, Sunil Kumar Misra.

JUDGMENT :

1. The grievance raised by the petitioner in the present petition is that appropriate compensation has not been paid to him on account of acquisition of his land. The prayer in the present petition is for quashing the order dated November 11, 2020 passed by respondent No. 3 vide which his claim was rejected. Prayer has also been made for quashing the award dated August 17, 2016 passed by Additional District Magistrate (Land Acquisition), Kanpur Nagar. Prayer has been made for payment of compensation in terms of provisions of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as ''2013 Act'').

2. Learned counsel for the petitioner submitted that the land of the petitioner was proposed to be acquired by issuing notifications under Section 28 of the U.P. Avas Evam Vikas Parishad Act, 1965 (hereinafter referred to as ''1965 Act'') read with Section 4 of Land Acquisition Act, 1894 (hereinafter referred to as ''1894 Act'') on March 10, 1973. As the provisions of 1894 Act are applicable for acquisition of land under 1965 Act, notification under Section 6 was issued on August 27, 1980. The award was a

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