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2024 Supreme(All) 173

MANOJ KUMAR GUPTA, KSHITIJ SHAILENDRA
Chandrabhan Yadav – Appellant
Versus
State Of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Jitendra Nath Sharma, Indresh Kumar

JUDGMENT :

1. The instant petition is directed against the order dated 08.07.2018 passed by respondent No. 2, i.e., Collector/District Magistate, Sant Kabir Nagar rejecting the application of the petitioner dated 15.09.2017 for referring the dispute relating to enhancement of compensation to the Authority in terms of Section 64 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. The petitioner has also challenged the award of the Collector dated 26.12.2014.

2. The facts which are not in dispute are that the subject land of the petitioner bearing plot No. 530 situated at Village-Khalilabad, District-Sant Kabir Nagar was acquired under the provisions of the Land Acquisition Act, 1894 (hereinafter referred to as "the Act of 1894"). The possession of the land was taken on 06.06.2012 followed by award dated 26.12.2014. The petitioner challenged the award in Writ -C No. 7555 of 2016 on the ground that while making the award, the principles contained in the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as "the Act of 2013") had not been followe

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