RAJIV JAIN AND OTHERS Vs. STATE OF UTTAR PRADESH AND ORS.
LAWS(SC)-2017-8-206
SUPREME COURT OF INDIA
Decided on August 03,2017

Rajiv Jain And Others Appellant
VERSUS
State of Uttar Pradesh and Ors. Respondents




JUDGEMENT

- (1.)No ground is made out so as to interfere with the impugned judgment, since the Award has been passed, possession has been taken and the development has taken place.
(2.)The provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 ( in short 'the 2013 Act') also does not come to rescue of the appellant. Since the reference had been sought under Section 18 of the Land Acquisition Act, 1894, it is open to the appellants to pursue the same. Decision of Pune Municipal Corporation & Anr. vs. Harakchand Misirimal Solanki & Ors, 2014 3 SCC 183is not applicable in the facts and circumstances of this case.
(3.)In the instant cases, it was open to the appellants to receive the compensation under the protest before Land Acquisition Officer and to seek the reference for its enhancement. Since the appellants have sought the reference for enhancement of compensation, in case they have not received compensation they themselves are responsible for it. It is open to them to ask reference court for disbursement in case award has been passed.
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