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HIGH COURT OF JUDICATURE AT ALLAHABAD
SANDEEP JAIN
State Of Up – Appellant
Versus
Iftekhar Ahmad – Respondent
JUDGMENT :
SANDEEP JAIN, J.
1. The instant appeal has been filed by the State under Section 74 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 against the impugned judgment and award dated 25.03.2023 passed by the Presiding Officer, Land Acquisition, Rehabilitation and Resettlement Authority, Basti in Land Acquisition Case No.1 of 2021 (Iftekhar Ahmad and another vs. State of U.P. and others), whereby the Reference Court has partly allowed the reference and has set aside the award of the Collector dated 13.11.2019 and remanded the matter to the Collector for determining the compensation in accordance with the observations made in the judgment.
2. Learned counsel for the appellant-State submitted that in the instant case, land for construction of the Maina Rajwaha in village Tenua Grunt, Pargana Bansi West, Tehsil Itwa, District Siddharth Nagar was acquired through notification under Section 4(1) of the Land Acquisition Act 1894 dated 27.01.2010, declaration under Section 6 was made on 09.08.2010 and the possession of the land was taken under urgency clause under Section 17 of the above Act on 28.09.2010 and the award of
The Reference Court in land acquisition matters lacks the authority to set aside a Collector's award and remand for fresh determination, functioning instead to affirm or enhance the award according t....
Acquisition of land – Where no award under Section 11 of Act of 1894 has been made, then, all provisions of new Act of 2013 relating to determination of compensation would apply.
A quasi judicial authority, having adjudicated an award, lacks locus standi to appeal against a reversal of its decision by a higher authority without explicit authorization.
Section 28-A of the Land Acquisition Act, 1894 provides a statutory remedy for land owners to apply for re-determination of compensation if the market value assessed by the court is more than that as....
Determination of amount of compensation – Reference to appropriate authority – Collector has no jurisdiction to go into such question.
The Collector must adjudicate claims under the Right to Fair Compensation and Transparency in Land Acquisition Act before referring matters for enhancement, ensuring all procedural requirements are m....
The court emphasized the necessity for adherence to statutory procedures in determining compensation under the Act, allowing claimants to present additional evidence for enhanced compensation.
The Reference Court lacks jurisdiction to grant compensation claims filed beyond the statutory limitation period under Section 35(3) of the Land Acquisition Act, with any contrary findings deemed ult....
The Reference Court's function is to treat the reference as an original proceeding and determine the market value afresh based on the material produced before it, following the principles laid down b....
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