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Judgment
Arindam Sinha, J
Controversy between the parties requiring adjudication in this appeal has been narrowed down to applicability of the 2013 Act to acquisitions made under National Highway Act, 1956. Under circular dated 28th December, 2017 it has been made clear that the applicable date for assessing compensation as per first schedule in the 2013 Act in case of acquisition under the 1956 Act is 1st January, 2015.
Mr. Mishra, learned advocate appearing on behalf of respondent submits, clause-4.6 in said circular dated 28th December, 2017 deals with date of determination of market value of land. Sub-clause(3) thereunder provides by clarification clause-(a), inter alia, where awards had been announced but compensation has not been paid in respect of majority of the land holding under acquisition as on 31st December, 2014, the compensation would be payable in accordance with the 1st schedule of the 2013 Act.
Mr. Patnaik, learned advocate appearing on behalf of appellant draws attention to his client’s memo dated 5th May, 2022. He demonstrates, award was made on 18th October, 2014 and vendor of petitioner was awardee. He submits, petitioner claims to be purchaser from said vendor in year 1984-85. When there was notification for acquisition of the land it was barren. The award was published, after which petitioner approached, first orally and, thereafter, by application dated 4th February, 2015, to credit awarded amount in her favour instead of the awardee. He submits further, the oral application was made prior to 31st December, 2014. Sanction of the amount and receipt thereof for disbursement was on 8th December, 2014.
Appellant is granted leave to file additional affidavit disclosing that awarded amount was ready to be disbursed prior to 31st December, 2014. Advance copy of the affidavit must be served on learned advocate for respondent. The affidavit will be accepted on adjourned date.
List on 16th May, 2022, under heading ‘for orders’.
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