Land acquisition act
jitender pawaria
(Querist) 02 September 2011
This query is : Resolved
It was very enjoyable to discuss my problems with you. Now i have one more problem which i face :-
I filed a reference u/s 18 of LAC Act. Land owner ready to withdraw the amount under protest at the time of award announce by Ld. collector but he not release the award amount to land owner under protest. During pendency of reference i filed an application u/s 31(2) read with sec. 34 for issuing direction to Ld. collector to deposit the award amount with interest till date of releasing the amount in the court because Ld. collector not deposit the award amount in the court with reference u/s 18 of the Act.
Ld. Refrence court allowed my application but despite that Ld. Collector only deposit the award amount without interest.
Now my question can this interim order of my application deemed to be decree and can i filed execution of that order. because sec. 54 of the Act saying all proving of c.p.c are applicable on the proceeding under LAC Act.
girish shringi
(Expert) 06 September 2011
Refer recent cases of Noida,where farmers received the full award and gone to court.
Once if any given circumstances the awadee awarded the compensation,and he accepted it does not mean that he has lost the right to fight.
One can fight on the ground after the award that he had not received the interest or can challenge the reason as not got the market price.
Very recently Cabinet has approved the new policy,if the client is having sustenance wait for some more time will get much more.
