Appeal under Section 54 of Land Acquisition Act

 

 

In the High Court of …………

First Appeal No. …….. ………

(Under Section 54 of the Land Acquisition Act)

 

District-…………….

 

A.…………………..                                                                        …Defendant/Appellant

 

Versus

 

B ……………………                                                  …Claimant/Respondents

 

The appellants abovenamed appeals from the decree/award dated …………20……. made by Sri ………..……………… III Additional District and Sessions Judge, …………….. in Regular Misc.  No. 1817 of 78.

 

Between

 

……………………                                                                         …Claimants

 

And

 

……………………                                                                         …Defendant

 

The relief sought for by this appeal is that the Hon’ble Court may most graciously he pleased to allow the appeal with costs throughout set aside the enhanced amount of the award offered from that of the Collector, and grant such other further relief, which it may deem fit and proper in the circumstances of the case.

 

Court’s award valued at                                   Rs. …………….

Collector’s award valued at                              Rs. …………….

Appeal valued at                                             Rs.…………….

Court fees paid at                                            Rs…………….

 

The appellant sets forth the following grounds of objection to the award appealed against, namely :

 

1. Because the Court has erred in recording finding that a copy of petition dated ………20…….. addressed to his Excellency the Governor of …….………. received by the Special Land Acquisition Officer, ………………. is claimant’s objection under Section 13 of the Act of the amount of the compensation.

 

2. Because the Court has erred in recording finding that the petition is maintainable in any case under Section 25 (3) of the Act.

 

3. Because as the claimant did not prefer claim in compliance of notice under Section 9 of she Act. The alleged objection under Section 18 of the Act; is barred under Section 25 (2).

 

4. Because the amount of compensation awarded by the Court is highly excessive.

 

5. Because the award made by the Collector has been determined at a correct rate.

 

6. Because the claimant has omitted without sufficient reason to make claim under Section 9 of the Act.

 

7. Because the respondent is not entitled to claim enhancement.

 

8. Because the court’s award is illegal and has been made without jurisdiction.

 

9. Because the award of the court is liable to act aside.

Chief Standing Counsel,

Advocate for the Appellant.