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MANOJ KUMAR GUPTA, KSHITIJ SHAILENDRA
Chandrabhan Yadav – Appellant
Versus
State of U. P. – Respondent
JUDGMENT
The instant petition is directed against the order dated 08.07.2018 passed by respondent No. 2, i.e., Collector/District Magistate, Sant Kabir Nagar rejecting the application of the petitioner dated 15.09.2017 for referring the dispute relating to enhancement of compensation to the Authority in terms of Section 64 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. The petitioner has also challenged the award of the Collector dated 26.12.2014.
2. The facts which are not in dispute are that the subject land of the petitioner bearing plot No. 530 situated at Village-Khalilabad, District-Sant Kabir Nagar was acquired under the provisions of the Land Acquisition Act, 1894 (hereinafter referred to as “the Act of 1894”). The possession of the land was taken on 06.06.2012 followed by award dated 26.12.2014. The petitioner challenged the award in Writ - C No. 7555 of 2016 on the ground that while making the award, the principles contained in the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as “the Act of 2013”) had not been followed.
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.
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....
Determination of amount of compensation – Reference to appropriate authority – Collector has no jurisdiction to go into such question.
Compensation for land acquired under the old Act must be determined using the provisions of the new Act if the award was not made before the new Act's commencement.
Section 64 of 2013, Act, reads as reference to Authority.
Amendments to an existing land acquisition award do not create a new award under the Right to Fair Compensation and Transparency in Land Acquisition Act, 2013.
The main legal point established in the judgment is that under the Land Acquisition Act, 1894, if the appellants had the opportunity to receive compensation under protest and seek reference for enhan....
The court affirmed that disputes regarding compensation inadequacy must be referred to the appropriate authority under the Act, underscoring the Collector's duty to comply with statutory timelines.
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