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IN THE HIGH COURT OF ALLAHABAD
MANOJ KUMAR GUPTA, ANISH KUMAR GUPTA
Rajveer Singh – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
ANISH KUMAR GUPTA, J.
1. Heard Shri Krishna Mishra, learned counsel for the petitioners, Sri Rajiv Kumar Gupta, learned Additional Chief Standing Counsel for the State respondent and Sri Kaushalendra Nath Singh, learned counsel appearing on behalf of respondent no. 2-Noida.
2. The instant writ petition has been filed by the petitioners being aggrieved by the impugned order dated 29.07.2022, which was served on the petitioners on 05.07.2024, whereby the application filed by the petitioners under Section 28A of the LAND ACQUISITION ACT , 1894 (hereinafter referred as 'the Act 1894'), has been rejected, as not maintainable, as the said application has been filed claiming re-determination of compensation by the Collector under Section 28A of the Act, 1894 on the basis of judgement and order dated 18.04.2022 passed by this Court in First Appeal No. 458 of 1982 ( Malkhan vs. State of U.P. ) filed by the land owners, who are covered by the same notification.
3. The brief facts of the case are that the ancestors of the petitioners were the owners of the land in Khasra No. 51 area 0-7-0 Hectares, Khasra No. 52 area 1-2-0 Hectares, Khasra No. 53 area 0-19-0 Hectares, 54 area 1-7-0 Hec
The court confirmed the maintainability of applications under Section 28A of the Land Acquisition Act based on higher compensation awards from appeals, emphasizing equitable relief for disadvantaged ....
Section 28A of the Land Acquisition Act allows for re-determination of compensation based on subsequent awards, promoting equity among landowners who could not challenge earlier awards.
Delay in application under Land Acquisition Act, 1894 cannot be condoned; strict adherence to three-month limit is mandatory.
(1) Acquisition of land – Once an award is passed by High Court, earlier one passed by Reference Court ceases to exist, and stands subsumed within award of High Court – Same is case when an award is ....
A party who has preferred a Reference under Section 18 of Land Acquisition Act, 1894 and has secured an order thereunder, cannot thereafter file an Application under Section 28A of Land Acquisition A....
(1) Limitation for moving application under Section 28-A of Land Acquisition Act, 1894 will begin to run only from date of award on the basis of which redetermination of compensation is sought.(2) E....
The modified award dated 5 September, 1994, superseded the original award dated 15 February, 1984, by application of the doctrine of merger. The Collector's rejection of the petitioners' application ....
The limitation period for seeking redetermination of compensation under Section 28A of the Land Acquisition Act begins from the date of the original court's award, not from appellate decisions.
Claimants can maintain applications under Section 28-A of the Land Acquisition Act, 1894, even if they had previously filed reference applications under Section 18, as long as the reference applicati....
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