June 21, 2018

Delay In Seeking Compensation For Land Acquisition Can Be Condoned In Appropriate Cases

The Bench comprising Justice A.K. Goel and Justice U.U. Lalit observed, “We are of the view that even though limitation is prescribed and it is expected that the aggrieved party takes remedies within such prescribed time, the delay can be extended in appropriate cases.

Subject to declining the interest for the delayed period, the compensation can be re-determined and paid to the appellants.” The Court was hearing Appeals seeking compensation at par with that awarded to others covered by the same notification under the Land Acquisition Act, 1894. The Appellants’ prayer had been rejected on the ground of delay.

Ruling in favor of the Appellants, the Apex Court set aside the impugned order and remanded the matter back to the Collector for redetermination of compensation in view of its observations.

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