JASWANT SINGH Vs. LAND ACQUISITION OFFICER, URBAN DEVELOPMENT PROJECT
HIGH COURT OF RAJASTHAN
Land Acquisition Officer, Urban Development Project
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(1.)By these writ petitions, a claim has been made for award of compensation under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short "the Act of 2013").
(2.)Learned counsel for petitioners submits that a Notification under section 4 of the Land Acquisition Act, 1894 (for short "the Act of 1894") was issued on 21st Nov., 2012. It was published in the newspaper on 21st Dec., 2012. It was to acquire land for 200 ft. wide road. The declaration under Sec. 6 of the Act of 1894 was published on 14th March, 2013. The draft award was passed followed by its approval by the Government and its issuance on 6th Sept., 2013.
(3.)The Act of 2013 came in effect since 01.01.2014. The amount of compensation was deposited in the court on 13th Aug., 2015. It was required to be calculated in accordance to the Act of 2013 because it was deposited after 01.01.2014. The respondents deposited the amount of compensation as was determined under the Act of 1894. A prayer is, accordingly, made to direct the respondents to calculate the amount of compensation in accordance to the Act of 2013 and make the payment. To support the argument, reference of the judgment of the Apex Court in the case of Pune Municipal Corporation and Anr. Vs. Harakchand Misirimal Solanki and Ors., reported in AIR 2014 SC 982 has been given. A further reference of the judgment of the Full Bench of Bombay High Court in the case of Dayaram Bhondu Koche and Ors. Vs. State of Maharashtra and Ors., reported in AIR 2017 Bombay 52 has been given. In the case of Dayaram Bhondu Koche (supra), issue raised herein was considered and decided by the Full Bench of Bombay High Court thus to be applied and, accordingly, writ petitions may be allowed.
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