Land Acquisition

Fair and equitable compensation for land acquisition

This article discusses the provisions of the Land Acquisition Act 1956 related to the payment of compensation and the apportionment of the amount. According to the Act, once land is acquired, the competent authority must pay compensation to the affected parties. If there is a dispute regarding the amount of compensation, it can be referred to an arbitrator appointed by the Central Government. The Act also specifies that the amount determined as compensation should be deposited by the competent authority before taking possession of the land. In case of disputes related to the apportionment of the compensation, the competent authority is required to refer the matter to the Principal Civil Court of original jurisdiction. The court is responsible for determining the fair and equitable distribution of the compensation among the interested parties. The article emphasizes the importance of the literal interpretation of legal provisions and clarifies that the apportionment process does not involve revaluation but rather the distribution of the already fixed compensation based on the nature and quantum of the respective interests. The decision of the court regarding apportionment is binding and final.

VINOD KUMAR & ORS. …Appellant(s)