Civil Law
Mode of Citation- ILC-2017-SC-CIVIL-....
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Civil Law
Mode of Citation- ILC-2017-SC-CIVIL-....
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ILC-2016-SC-CIVIL-Mar-7

Shakuntla Devi Vs. State of HP & Ors.

Head Note

The Land Acquisition Act, 1894  - Section 18

(Himachal Pradesh Act 17 of 1986, w.e.f., 22.07.1986) - Land Acquisition - Limitation - Reference - Negotiated Supplementary Award seems to have been made on 18.12.2009 - Writ petition was filed on 20.05.2010 - Award announced in absentia and there is a direction to serve notice under Section 12 (2) of the Act - Amount awarded, as per the Supplementary Negotiated Award, had been received by the appellant only on 01.06.2010, after filing the writ petition before the High Court on 20.05.2010 - Filing the writ petition before the expiry of six months from the date of the Negotiated Award, would also show that the appellant had taken steps to vindicate her grievance regarding insufficiency of compensation, by approaching the High Court under Article 226 of the Constitution of India - In the peculiar facts and circumstances of the case and for doing complete justice, the appellant should be given an opportunity to make a request for reference under Section 18 of the Act before the Land Acquisition Collector for enhancement of compensation and for all other original benefits in respect of the Supplementary Negotiated Award.

Topic(s)-Land Acquisition - Limitation - Reference - Opportunity for Reference Granted







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