Jurisdiction of appeal for landacaquisition
G N Shaikh
(Querist) 24 February 2019
This query is : Resolved
Dear Sir/madam
Govt. acquires my land1700 sq m for national highway. I have appeal against award of compensation by the sub divisional officer before the arbitrator but dispose of appeal is delaying.
May I know please first appeal before the arbitrator and second appeal before the High Court. Due to delay may I file second appeal to the High Court before the pass of order by arbitrator
Modified
Sir
Thanks for advice.I received the award under condition that "Under Protest" NHAI took the possession and transfer the land in their name without informing me. Is they can take the possession while appeal is pending in court what action can I take with them. And under which section
Suhail suhail
(Expert) 25 February 2019
You should wait for the award, you must press for issuance of award
P. Venu
(Expert) 25 February 2019
Which is the Law under which acquisition is carried out? How is that the appeal is pending before the arbitrator? Please verify.
Any how, pending of appeal does not prevent the acquiring authority taking possession of the land. once the award has been declared.
G N Shaikh
(Querist) 26 February 2019
Modification:-
Sir Thank you
Award is given under land acquisition act 2013 and NHAI act 1956 as shown in documents. But without following the new land acquisition act 2013. Land acquiring officer paid Award without following act 2013. Authority paid the award after expiry of time limitation, without resolving objections, not considering market value recorded in the registry office at the time of awarding compensation and not invited land owners. Officers hided a act of NHAI regarding control area which will be deducted from the farmers without paying compensation
Dr J C Vashista
(Expert) 27 February 2019
Move to appellate court and seek injunction against physical possession.
