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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
MAHESH CHANDRA TRIPATHI, PRASHANT KUMAR
Ajay Kumar Srivastava – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
1. Heard Shri Anirudh Singh, Advocate holding brief of Shri Indrakesh Kumar Sharma, learned counsel for the petitioner, Shri Devesh Vikram, learned Additional Chief Standing Counsel as well as Shri Fuzail Ahmad Ansari, learned Standing Counsel for State- respondents and Shri Gopal Verma, learned counsel for respondent-Union of India.
2. The instant writ petition is preferred under Article 226 of the Constitution of India challenging the validity of the impugned order dated 06.11.2024 passed by the Collector, Siddharath Nagar in Case No.1461 of 2024, Computerized Case No.D202417630001461 (Ajay Kumar Srivastava vs. State of U.P. and others) in the proceeding under Section 18 of the Land Acquisition Act, 1894[Act, 1894] read with Section 64 of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013[Act, 2013] whereby the application dated 24.09.2024 filed by petitioner for enhancement of award was rejected.
A. FACTS
3. Before considering the rival contentions, it is apt to have a glance over the facts of the case. The State Government initiated acquisition proceedings in Mauja Dhanaura, Mustahakam, Tappa Khajahani, Pargana Naug
The limitation period for seeking reference under Section 18(2) of the Land Acquisition Act starts from the date of knowledge of the essential contents of the award, and the provisions of the Limitat....
The court must decide land acquisition reference applications on merits, with limitation issues addressed only after proper issue framing.
The limitation period under Section 28-A of the Land Acquisition Act is strict and cannot be extended based on personal circumstances or knowledge of the judgment.
The mandatory nature of the provisions under Section 18 of Act, 1894, and the requirement for the application to be made within the prescribed time limit.
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