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Neutral Citation No. - 2025:AHC:67085-DB Court No. - 21 Case :- WRIT - C No. - 13238 of 2025 Petitioner :- Pawan Kumar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Indrakesh Kumar Sharma,Sanjay Kumar Singh Counsel for Respondent :- C.S.C. Hon'ble Manoj Kumar Gupta,J. Hon'ble Anish Kumar Gupta,J.
1. By the impugned order dated 6.11.2024, the Collector has rejected the application of the petitioner dated 24.9.2024 for referring the claim for grant of a higher compensation to the Authority as per Section 64 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
2. It has been held that the acquisition was made under the Land Acquisition Act,
1894. The award was declared on 22.8.2013. The application is barred by the limitation prescribed under Section 18 of the Act. It has also been observed that Section 64 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 would not apply as the said legislation became applicable from 1st April, 2014, whereas the award in the instant case was made on 22.8.2013.
3. Counsel for the petitioner could not dispute that the application filed by the petitioner seeking higher compensation was beyond the period prescribed under the proviso to sub-section (2) of Section 18 of the Land Acquisition Act, 1894. He also could not dispute that since award was made on 22.8.2013, therefore, the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 would not apply.
4. In such circumstances, we find no illegality in the impugned order. The writ petition lacks merit and is dismissed. (Anish Kumar Gupta, J.) (Manoj Kumar Gupta, J.) Order Date :- 30.4.2025/Jaideep/- Digitally signed by :- JAIDEEP BANERJEE High Court of Judicature at Allahabad