PATNA, India, Oct. 28 -- Patna High Court issued the following judgment on Oct. 7:

The appellant has assailed the order of learned Single Judge dated 21.08.2023 passed in CWJC No. 5311/2023.

2. Core issue involved in the present lis is whether the appellant is entitled to have the compensation and other ancillary benefits on account of acquisition of his land under the new Act, 2013 or under the old Act.

3. The learned Single Judge has taken note of Section 24(2) of RFCTLARRA, 2013 and proceeded to draw an inference that appellant has been paid 50% of the compensation prior to 01.01.2015, therefore, appellant is entitled to whatever the compensation and other ancillary benefits only in terms of old Act.

4. Feeling aggrieved by the aforementioned order of the learned Single Judge, the appellant has presented this L.P.A.

5. Para -3 and 6 of the impugned dated 21.08.2023 reads as under:-

"3. Learned counsel for the petitioner submits that the copy of award of the petitioner is dated 16.02.2016 whereas a letter has been issued by the respondent no.1 i.e. Eastern Dedication Freight Corridor Corporation of India Limited on 25.05.2015 in which it has been decided that entitlement matrix shall be applicable for awards (20F) declared after 01.01.2015 in accordance with the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Act No. 30 of 2013) (hereinafter referred to as the "RFCTLARRA, 2013"). He further submits that by the said decision dated 31.01.2023 the claim of petitioner has been rejected after direction passed by this Hon'ble Court. By a conclusive part it has been decided by District Land Acquisition Officer that proviso of Section 24 (2) of the RFCTLARRA, 2013 is not applicable in the present case. He also submits that in the light of date of award as well as letter issued by respondent no.1, the decision is not good and this order should be set-aside.

The rest of the document can be viewed at https://patnahighcourt.gov.in/viewjudgment/MyMxMTAzIzIwMjMjMSNO-oMG6B0F50Ic=

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