The High Court dismissed a writ petition filed by the petitioner seeking enhancement of land acquisition compensation. The Court held that the petitioner should have sought a reference under Section 18 of the Land Acquisition Act, 1894 if dissatisfied with the Section 11 award.
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Court No. - 4
Case :- WRIT - C No. - 6451 of 2020
Petitioner :- Amar Nath Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Satya Prakash Sharma Counsel for Respondent :- C.S.C.,Suresh C. Dwivedi
Hon'ble Bala Krishna Narayana,J. Hon'ble Prakash Padia,J.
This writ petition has been filed with the following prayers :-
"A. Issue a writ, order or direction in the nature of mandamus direct the respondent no.2 to enhance the compensation as per market value to the petitioner.
B. Issue a writ, order or direction which this Hon'ble Court may deem fit and proper under the circumstances of the case.
C. Award the cost to the petitioner. "
It has been contended by learned Standing Counsel that the present writ petition is misconceived as in case the award made under Section 11 of the Land Acquisition Act, 1894 (hereinafter referred to as "the Act") is not acceptable to the petitioner, he should have sought reference under Section 18 of the Act. This having not been done, the prayer made by the petitioner cannot be granted.
The contention made by learned Standing Counsel appears to be correct.
Accordingly, the writ petition stands dismissed.
Order Date :- 24.2.2020 Shalini
1 issue framed by the court
Whether the petitioner could seek enhancement of award under Section 11 of the Land Acquisition Act, 1894 without seeking reference under Section 18 of the Act.
2 provisions across 1 enactments
Amar Nath
State Of U.P.
2 Others
Bala Krishna Narayana
Prakash Padia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
