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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
Ashwani Kumar Mishra, Jayant Banerji
Asha Rani – Appellant
Versus
Union Of India – Respondent
| Table of Content |
|---|
| 1. petitioner claims lack of rehabilitation award post land acquisition. (Para 1 , 2) |
| 2. petitioner seeks similar relief as in previous judgments. (Para 3 , 4) |
| 3. competent authority under nh act is responsible for awards. (Para 5 , 6 , 7) |
JUDGMENT :
Jayant Banerji, J.
1. Heard learned counsel for the petitioner, Shri Pranjal Mehrotra, learned counsel for the respondent no.2, NHAI and Shri Rajiv Gupta, learned counsel for the State-respondent. Shri Rajesh Kumar Jaiswal appears for the respondent no.1.
2. The case of the petitioner is that his land was acquired by NHAI and an award was also made. The petitioner has received compensation but the rehabilitation and resettlement award has not been made as per the Second Schedule to the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. It has, therefore, been prayed that the respondents be directed to make rehabilitation and resettlement award as per provisions of the Act, 2013.
3. Learned counsel for the petitioner submits that the claim of the petitioner is similar to the one raised in Writ C No.2782 of 2023 ( Ashok Kumar and 8 others vs. National Highway Authority of
The competent authority under the National Highways Act is responsible for rehabilitation and resettlement awards, as defined by the Right to Fair Compensation and Transparency in Land Acquisition, R....
The competent authority under the National Highways Act, 1956 is responsible for declaring rehabilitation and resettlement awards, not the district Collector, as per the provisions of the Right to Fa....
The competent authority under the National Highways Act is responsible for declaring rehabilitation and resettlement awards, not the district Collector, as per the provisions of the Right to Fair Com....
Petitioners can obtain no cause for concern or apprehension, as impelled by them in this writ petition, because if they are to seek enhancement of the amounts under the Award as per Section 3G of the....
An appeal under Section 74 of the Right to Fair Compensation Act cannot challenge awards issued under the National Highways Act, 1956.
The provisions of the Right to Fair Compensation and Transparency in Land Acquisition Act, 2013, apply to land acquisitions under the National Highways Act, requiring a detailed examination of indivi....
Point of Law – NHAI, or the other competent Authority, is at liberty to act as per Section 3E of the "NH Act" while taking possession of the acquired properties, notwithstanding the pendancy of the a....
The District Collector must specify entitlement under the RFCTLARR Act when denying rehabilitation and resettlement compensation, irrespective of prior compensation under the NH Act.
Denial of rehabilitation and resettlement compensation under RFCTLARR Act was improper as it did not confirm eligibility despite prior compensation under the NH Act.
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