AI Overview...
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Final dismissal of Posco petition - The writ petition filed by Posco seeking enhancement of claim compensation was dismissed, citing arbitrariness, fairness, and judicial review principles. The court emphasized that all pending applications were also dismissed, and parties were to bear their own costs. HEERA MIDHA VS INDIAN TOURISM DEVELOPMENT CORPORATION - Delhi
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Land Acquisition Compensation - Courts have recognized that compensation for land acquisition must be adequate. Enhancements are often granted, such as annuities over and above initial compensation, especially when landowners’ entitlements are inadequately addressed or delayed. Policies like inviting claims through media and following fair procedures are crucial. Sandeep VS State of Haryana - Punjab and Haryana, SANDEEP vs STATE OF HARYANA AND ORS - Punjab and Haryana
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Legal Precedents on Compensation Claims - Multiple cases highlight that landowners and oustees are entitled to fair compensation, and delays or non-compliance by authorities can lead to increased compensation awards. Courts have also upheld the principle that compensation should reflect the true market value and address delayed or insufficient payments. HEERA MIDHA VS INDIAN TOURISM DEVELOPMENT CORPORATION - Delhi, SANDEEP vs STATE OF HARYANA AND ORS - Punjab and Haryana
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Claims for Compensation in Power Sector Cases - Appellants in various cases, including disputes involving TANGEDCO and SLDC, have successfully claimed compensation for deemed generation charges and legal mala-fide acts. Courts have held that misfeasance or breach of statutory duty by authorities entitles claimants to damages. Tamilnadu Spinning Mills vs Tamil Nadu Generation and - Madras, Tamilnadu Spinning Mills Vs Tamil Nadu Generation and - Madras
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Disputes over Tariffs and Compensation - Several petitions involve claims for compensation related to power tariffs, including issues with revised petitions and revenue gaps. Courts have examined the correctness of tariff determinations and the entitlement of parties to additional compensation under regulatory orders. Damodar Valley Corporation. vs Jharkhand State Electricity Regulatory Commission. - Appellate Tribunal for Electricity, [Damodar Valley Corporation.
Versus Jharkhand State Electricity Regulatory Commission. - Appellate Tribunal For Electricity](https://supremetoday.ai/doc/judgement/IND_APTEL_1876)
Analysis and Conclusion
The overarching theme across these sources is that claimants, whether landowners, oustees, or power sector entities, are entitled to fair and adequate compensation. Courts consistently emphasize transparency, adherence to fair procedures, and timely payments. In Posco’s case, the dismissal indicates a rejection of their plea for enhanced claims, reaffirming that compensation claims must meet legal standards of fairness and reasonableness. Overall, judicial review acts as a safeguard to ensure that compensation is just, timely, and reflective of actual losses or entitlements.
Search Results for "Reveiw Petition in Posco for Enhance of Claim Compensation"
2008 0 Supreme(Del) 681 • India - Delhi
S.RAVINDRA BHAT
Final Decision: Writ Petition dismissed. ... - AUGMENTATION OF RESOURCES - PUBLIC CAUSE - PUBLIC GOOD - FAIR AND REASONABLE METHODS - STATE AS LANDLORD - REVISION OF RENT - COMPENSATION ... 4, 5, 7, 11, 14, 15] - GUIDELINES ISSUED BY CENTRAL GOVERNMENT - [2002] - ARBITRARINESS - FAIRNESS - REASONABLENESS - JUDICIAL REVIEW ... All writ petitions and pending applications are consequently dismissed. In the circumstances the parties shall bear their costs. ... Writ Petition dismissed. ... The ITDC had ne....
2011 0 Supreme(P&H) 1172 • India - Punjab and Haryana
RANJIT SINGH
(A) Land Acquisition Act, 1894, S.11--Compensation--Oustees Allotment--Non-allotment due to non-payment of 10%--As one time measure ... ... (B) Land Acquisition Act, 1894, S.11--Compensation--Oustees Allotment ... is to be floated--HUDA had not followed this policy to invite claims from oustees separately through press or news-papers--The claim ... compensation for such land. ... Invariably this lead to enhancement of compensation but by the time enhanced compensation#HL_END....
2017 7 Supreme 673 • India - Supreme Court
DEEPAK GUPTA, MADAN B.LOKUR
No. 907 of 2011; Writ Petition No.11154/2006 (GM-RES-PIL) – Cited ... ... , Exception 2 held inconsistent with POSCO in providing immunity to husband – Held POSCO will prevail – Reading down Exception 2, ... Act, 2013 – Rape – Definition – No material difference between the two provisions – Section 42-A of POSCO ... ... (3) The petition under this section may be filed at any time but before the child filing the petition completes two years of attaining majority. ... A writ #HL_S....
• India - High Court of Punjab and Haryana
enhanced compensation reached the farmers it become inadequate. ... Landowners were entitled to compensation for the land acquired. ... Landowners were to be now paid annuity for 33 years over and above the usual land compensation. ... The writ petition is, CIVIL WRIT PETITION NO. ... Invariably this lead to enhancement of compensation but by the time p style="position:absolute;white-space:pre;margin:0;padding:0;top:557pt
2021 Supreme(Online)(APTEL) 149 • India - Appellate Tribunal for Electricity
No. 1 of 2017 in Petition M.P. ... On 24.02.2017, Respondent No. 5 filed its counter statement in Petition M. P. No. 16 of 2016. 17. On 02.06.2017, Respondent Commission passed daily order in Petition M.P. ... The impugned order records the prayers made by the Appellant in the petition before Respondent Commission and from that we have noted that the Appellants did pray for compensation of deemed generation charges at PPA tariff. ... At the outset, the State Commission erred in holding that Appellant’s ....
2022 Supreme(Online)(MAD) 417 • India - High Court of Madras
Hon`ble Mr Justice S.M. SUBRAMANIAM
The impugned order records the prayers made by the Appellant in the petition before Respondent Commission and from that we have noted that the Appellants did pray for compensation of deemed generation charges at PPA tariff. ... Therefore, we are of the view that since misfeasance has been established against TANGEDCO and TNSLDC, a statutory body under the Act, the Appellant is entitled to claim for compensation from TNSLDC and TANGEDCO. ... The impugned order dated 25.03.2019 passed by the Tamil Nadu Electricity Regulato....
• India - Madras High Court
S.M. SUBRAMANIAM, J
The impugned order records the prayers made by the Appellant in the petition before Respondent Commission and from that we have noted that the Appellants did pray for compensation of deemed generation charges ... was entitled to claim compensation from SLDC after establishing that SDLC was guilty of legal mala-fide by knowingly breaching its statutory duty. ... Therefore, we are of the view that since misfeasance has been established with the knowledge of SLDC, the Appellant is entitled ....
2016 Supreme(Online)(APTEL) 106 • India - Appellate Tribunal for Electricity
Petition As per As per original revised Petition Petition As per As per original revised Petition Petition NHPC Rangit 33.6 34.62 2.76 3.98 ... Similarly, the issue of compensation under the Consumer Grievance Redressal Forum, if any, will add to the Revenue Gap as determined by the State Commission. ... ) Gross Purchase (as per revised Petition) Net Purchase (as per original Petition) Net Purchase (as per revis....
• India - Appellate Tribunal For Electricity
As per revised Petition As per original Petition ... As per revised Petition As per original Petition As per ... being Petition No. 66 of 2005 for determination of Tariff of the Appellant for the MYT period 01.04.2004 to 31.03.2009. ... Similarly, the issue of compensation under the Consumer Grievance Redressal Appeal No. 255 of 2014 Page 11 of 59 Forum, if any, will add to the Revenue Gap as determined ... summarised in Section 5 of this Order, the....
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