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MAHESH CHANDRA TRIPATHI, MANJIVE SHUKLA
Katal Bahadur – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
Heard learned counsel for the petitioner; Sri Apurva Hajela, learned Standing Counsel for the State-respondent and Sri Pranjal Mehrotra, learned counsel for the respondent No. 4.
2. By means of the present writ petition, petitioner is before this Court with a request commanding the respondents to pay the compensation under the provisions of Right to Fair compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act 2013 and also pay the damages of some part of the residential premises to the petitioner as the respondents has taken the land of Arazi No. 851, plot No. 370, area 0.0053 hectare situated at village Kalna Gaharwar, District Mirzapur.
3. The matter was entertained by the coordinate Bench on 9.2.2023 and the Court has passed a detailed order. The same is reproduced herein below.
The dispute raised in the present petition is with regard to determination of compensation for acquisition of the land in khata No. 851, gata No. 370 area 0.0053 hectares situated at village Kalna Gaharwar, Distr
The court affirmed the validity of the compensation process under the Right to Fair Compensation and Transparency in Land Acquisition Act, emphasizing the authority of the District Magistrate's appro....
The authority must consider land classification objections in compensation determinations, irrespective of timing, ensuring compliance with statutory obligations.
The court affirmed that disputes regarding compensation inadequacy must be referred to the appropriate authority under the Act, underscoring the Collector's duty to comply with statutory timelines.
The competent authority must examine land acquisition compensation claims and ensure timely decisions are made.
The Mizoram (Land Acquisition, Rehabilitation & Resettlement) Act, 2016 is inapplicable; compensation must be assessed under the Right to Fair Compensation and Transparency in Land Acquisition, Rehab....
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