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SIDDHARTHA VARMA, ARUN KUMAR SINGH DESHWAL
Rakesh Kumar Goswami – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
Arun Kumar Singh Deshwal, J.
1. Heard Sri Kripa Shankar Shukla, learned counsel for the petitioners and Sri Suresh C. Dwivedi, learned counsel for respondent No.3 and learned Standing Counsel for respondents No. 1 & 2.
2. By means of the present petition, the petitioners are seeking direction to the respondents to pay compensation awarded by order dated 27.2.2023 passed by respondent No.2, u/s 28A of the Land Acquisition Act, 1894 (hereinafter referred to as “Act, 1894”).
3. Factual matrix arising out of the present case is that the petitioners were the co-sharer of 1/4 share of plot No. 239 area 6 bigha 15 biswa and 5 dhoor, situated at Village Chharra Rafatpur, Aligarh. The aforesaid plot was acquired by notification dated 27.4.1984 issued u/s 4(1) of the Act, 1894, followed by notification u/s 6 of the Act, 1894 for the construction of a new market yard of respondent No.3. Collector determined the rate @ Rs.16.66 per sq. yard. Though the petitioners received the compensation under protest, they did not file reference u/s 18 of the Act, 1894 because of their poor financial condition, but their co-sharers in plot No. 239 had filed reference against the award of Collector u/
The Reference Court's jurisdiction is limited to the objections referred by the Collector, and it cannot dismiss proceedings on irrelevant grounds.
The Reference Court must consider actual or constructive knowledge of the award's contents when determining limitation and cannot dismiss proceedings based on irrelevant grounds.
The Reference Court's jurisdiction is confined to the objections referred by the Collector, and it cannot dismiss proceedings based on irrelevant technical grounds.
Section 28A of the Land Acquisition Act allows for re-determination of compensation based on subsequent awards, promoting equity among landowners who could not challenge earlier awards.
The court confirmed the maintainability of applications under Section 28A of the Land Acquisition Act based on higher compensation awards from appeals, emphasizing equitable relief for disadvantaged ....
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