SURJIT SINGH Vs. LAND ACQUISITION COLLECTOR, H P HOUSING AND URBAN DEVELOPMENT AUTHORITY, SHIMLA
HIGH COURT OF HIMACHAL PRADESH
Land Acquisition Collector, H P Housing And Urban Development Authority, Shimla
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Sanjay Karol, J. -
(1.)Land in question, undisputedly, was acquired by the beneficiary in terms of the Land Acquisition Act, 1894 (hereinafter referred to as the 'Act'). Possession of the claimant's land was taken over, in accordance with law, i.e. under the proceedings initiated under the Act.
(2.)According to the respondent, the amount of compensation so adjudicated by the Collector Land Acquisition, came to be deposited with the Collector Land Acquisition. This was so done in terms of Section 31 of the Act and pursuant to award passed under the Act.
(3.)In this petition, petitioner, taking strength of the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as the 'Amended Act'), assails the actions initiated by the State under the Act. Challenge is two fold:-(a) land was never put to use by the beneficiary; (b) amount of compensation never came to be paid to the claimant.
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