High Court directed respondent to decide petitioners' request for solatium, interest, and additional compensation under the Land Acquisition Act, 1894 within two months, affording hearing before release if entitled.
Respondent No.3 directed to take decision on representation/legal notice within two months after affording hearing.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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CWP No.10092 of 2013 (O & M)
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CWP No.10092 of 2013 (O & M)
Date of Decision: May 10, 2013
Surjit Singh Saini and others
....Petitioners
Versus
Union of India and others
.... Respondents
CORAM: HON'BLE MR. JUSTICE AJAY KUMAR MITTAL HON'BLE MR. JUSTICE G.S. SANDHAWALIA
Present: Ms. Ravinder Kaur Manaise, Advocate, for the petitioners. ********
AJAY KUMAR MITTAL, J.
The petitioners have approached this Court under Articles 226/227 of the Constitution of India seeking a writ of mandamus for directions to respondents No.1 to 3 to give solatium in terms of Section 23(2) of the Land Acquisition Act, 1894 (for short 'the Act') also interest in terms of Section 28 and additional compensation under Section 23(1-A) of the Act as the Division Bench of this Court in M/s Golden Iron and Steel Forgings versus Union of India and others 2011(4) RCR 375 has held that the same is admissible to the land owner whose land has been acquired under the National Highways Act 1956.
CWP No.10092 of 2013 (O & M)
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legal notice (Annexure P-5) within a period of 2 months from the date of receipt of certified copy of the order after affording an opportunity of hearing to the petitioners in accordance with law.
(AJAY KUMAR MITTAL) JUDGE
May 10, 2013
sukhpreet
(G.S. SANDHAWALIA) JUDGE
2 issues framed by the court
Whether the respondents are directed to decide on the petitioners' representation and legal notice for payment of solatium, interest, and additional compensation under the Land Acquisition Act, 1894.
Whether the petitioners are required to be afforded an opportunity of hearing before a decision is reached.
Colour shows how this judgement treated each authority
M/s Golden Iron and Steel Forgings versus Union of India and othersReferred¶14
M/s Golden Iron and Steel Forgings versus Union of India and others 2011(4) RCR 375
6 provisions across 3 enactments
Surjit Singh Saini and others
Union of India
AJAY KUMAR MITTAL
G S SANDHAWALIA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
