IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
A. P. Sahi, Sanjay Harkauli, JJ
Atul Sharma and Another v. State of U. P. throu. its Prin. Secy. Deptt. of Housing and Others
| Table of Content |
|---|
| 1. discussion of compensation benefits under the 2013 act (Para 1 , 2) |
| 2. argument for the 2013 act benefits to apply to the 1965 act acquisitions (Para 3 , 4 , 5 , 6 , 7 , 8) |
| 3. clarification of legislative repugnancy and incorporation (Para 10 , 11 , 12) |
| 4. analysis of legislative intent and fields of law (Para 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20) |
| 5. final assertion on dismissal of the petition for benefits (Para 21 , 22 , 23 , 24 , 25 , 26) |
1. This writ petition has been filed claiming benefits of the provisions of Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act , 2013 (hereinafter referred to as the 2013 Act) on the ground that in the present case though the land has been acquired under the U.P. Awas Vikas Parishad Adhiniyam , 1965 (hereinafter referred to as the 1965 Act), the petitioners are entitled to all benefits under 2013 Act inasmuch as if such benefit is denied the same would violate Art.14 of the Constitution of India. Learned counsel for the petitioner submits that if such benefits are available in relation to acquisitions under the Land Acquisition Act , 1894 (hereinafter referred to as the 1894 Act)
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