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REDDYANDREDDYASSOCIATES 55dafb5d4ec0a407c44969ae Services https://www.reddyandreddylawfirm.com

DEFENCE AUTHORITIES REFERENCE AGAINST LAND ACQ...

  • 2021-12-06T13:42:35

DEFENCE AUTHORITIES REFERENCE AGAINST LAND ACQUISITION COMPENSATION NOT MAINTAINABLE: SUPREME COURT The Supreme Court had set aside a MP High Court order that directed the disbursal of the amount of Rs. 1.96 crores deposited by the Defence Ministry with Collector as compensation to land owners. The Apex Court had remanded the matter back to the Reference Court. The land owners raised objection on the ground that as per Section 18 of the Works of Defence Act, 1903 only person interested in the award can be a claimant hence the Defence Authorities had no locus and on for this reason proceedings were not maintainable. The Reference Court disallowed the objection but the MP High Court allowed the petition of the Respondents. The High Court noted that the provisions of the Land Acquisition Act, 1894 and the Works of Defence Act, 1903 were identical. The High Court held that the entity for whose benefit the land has been acquired has no right to make a reference against the compensation determined by the authorities. The Supreme Court stayed the operation of the judgement and granted two weeks time to the Respondents to file their affidavit. With a team of Law experts, Reddy & amp; Reddy Law Firm has extensive experience and involvement in legal disputes of varied nature- Civil, Criminal and Commercial.

DEFENCE AUTHORITIES REFERENCE AGAINST LAND ACQUISITION COMPENSATION NOT MAINTAINABLE: SUPREME COURT The Supreme Court had set aside a MP High Court order that directed the disbursal of the amount of Rs. 1.96 crores deposited by the Defence Ministry with Collector as compensation to land owners. The Apex Court had remanded the matter back to the Reference Court. The land owners raised objection on the ground that as per Section 18 of the Works of Defence Act, 1903 only person interested in the award can be a claimant hence the Defence Authorities had no locus and on for this reason proceedings were not maintainable. The Reference Court disallowed the objection but the MP High Court allowed the petition of the Respondents. The High Court noted that the provisions of the Land Acquisition Act, 1894 and the Works of Defence Act, 1903 were identical. The High Court held that the entity for whose benefit the land has been acquired has no right to make a reference against the compensation determined by the authorities. The Supreme Court stayed the operation of the judgement and granted two weeks time to the Respondents to file their affidavit. With a team of Law experts, Reddy & amp; Reddy Law Firm has extensive experience and involvement in legal disputes of varied nature- Civil, Criminal and Commercial.

  • 2021-12-06T13:42:35

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