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KSHITIJ SHAILENDRA
Natthan Singh – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
Kshitij Shailendra, J.
APPEALS ARISING OUT OF LAND ACQUISITION REFERENCES
1. Heard Shri Shailesh Upadhyay, learned counsel appearing for the claimants/tenure holders in all matters and Shri Subodh Kumar alongwith Shri Udit Chandra, learned counsel appearing for C.P.W.D. as well as U.O.I. at length.
2. Since common questions of fact and law are involved in all the matters, the same are being decided by common judgment. Distinguishing features of individual cases, if any, would reflect at appropriate places in this judgment or in the judgment/order passed in such matters separately. For the convenience sake, First Appeal No. 388 of 2015 is being treated as the leading appeal.
3. The instant appeal is directed against the judgment and order dated 30.3.1991 passed by learned Additional District Judge, Ghaziabad in Land Acquisition Reference No. 29 of 1987. The land in dispute situates in village Raispur, Tehsil and District Ghaziabad. The description of area and all gatas number does not seem to be relevant as the issue involved in all these matters revolves around few orders passed by this Court earlier in other matters and few orders passed by Hon'ble Supreme Court. As a matter
The court ruled that the doctrine of merger does not apply to compensation determinations in land acquisition cases, allowing the acquiring body to contest previous awards despite prior judgments.
The central legal point established in the judgment is that the Acquiring Authority cannot selectively challenge awards for the same subject parcels of land, based on the principle of non-discriminat....
The Land Acquisition Officer lacks jurisdiction to adjudicate title disputes and must refer such matters to the Civil Court for proper adjudication under Sections 10, 18, and 30 of the Land Acquisiti....
Procedural norms, technicalities and processal law evolve after years of empirical experience, and to ignore them or give them short shrift inevitably defeats justice. Where a common judgment has bee....
Sections 12 read as award of Collector when to be final.
No lapse of proceedings under the Act of 1894 occurs if compensation has been paid and possession of the acquired land has been assumed, even if no award has been made.
Acquisition of land – Compensation determined for lands acquired subsequently cannot be said to be comparable at.
Objections confined to compensation do not trigger Section 5A protections, which are exclusive to acquisition legality; statutory remedies for compensation must be pursued separately.
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