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MANOJ KUMAR GUPTA, KSHITIJ SHAILENDRA
Hem Chandra – Appellant
Versus
State Of Uttar Pradesh – Respondent
JUDGMENT :
(Manoj Kumar Gupta, J.)
1. Heard Sri Shiv Kant Mishra, holding brief of Sri Sanjay Kumar Mishra, learned counsel for the petitioner, Sri Rajiv Gupta, learned Additional Chief Standing Counsel for the State-respondents and Sri Nipun Singh, learned counsel for respondent no.4.
2. The petitioner has prayed for quashing of the award dated 27.02.2024 passed by Additional District Magistrate (Land Acquisition), Agra in respect of Khasra Nos. 109/1, area 0.2910 hectare, 109/2, area 0.6450 hectare, 70M, area 0.0890 hectare, 72, area 0.2150 hectare, 74, area 0.1900 hectare, 67, area 0.1900 hectare, 68, area 0.0510 hectare, 69, area 0.4170 hectare, 70M, area 0.5560 hectare, 71, area 0.3920 hectare situated at Village Bhood, Tehsil and District Bulandshahr and for a further direction to the said authority to prepare a fresh award treating 'relevant date' with reference to which market value is to be determined as 01.01.2014, i.e. the date of enforcement of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short ‘the New Act, 2013’).
3. The petitioner, indisputably, was bhumidhar with transferable rights of the afores
The court established that the New Act, 2013, governs compensation for land acquisitions under the Adhiniyam when the award is not finalized before the New Act's enforcement, ensuring compliance with....
Point of Law : Date of determination of market value should be recorded as 1.1.2014 in view of the Central Government orders under Section 113 of the Act.
Compensation for land acquisition must be determined under the New Act if no valid award existed under the Old Act at the time of the New Act's enactment.
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....
(1) Lapse of land acquisition proceeding – Section 11A of 1894 Act and Section 25 of 2013 Act prescribe two different periods of limitation with adverse consequences, as on failure to make award acqu....
Where Section 24(1)(a) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (2013 Act) applies, i.e. where there is no Award on the date o....
The determination of compensation under the provisions of the 2013 Act should apply to land acquisition proceedings initiated under the 1894 Act but not concluded with an award, and the failure to pu....
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