Our Case No: 5382 of 2010 in supreme court has been given under our favor which was for a revision of the award provided by collector while land acquisition. It was given with a hike in tree value from 80 to 140.
Can you please let me know if this is enough to claim the amount in detail with the process to claim. Also the order is just given in brief that with reference to some case we are raising the value from 80 to 140 where as its not in detail. Could you please let me know what are documents that are required to claim the amount. I heard we need a decree without which we cannot claim. Can you please explain in brief and let me know how to handle it.
Also the order was given 2 months back & previously the case was handled by HighCourt of Andhrapradesh where they rejected the case against us. Also I heard that we need record from supreme court will be sent to Highcourt and then from there to our lower court at my native. Can you please suggest us now how to proceed further.
Asked in Civil Law from Nellore, Andhra Pradesh
1) you have to obtain certified copy of the order passed by SC to claim enhanced compensation .
2) you must have engaged lawyer to fight your case in SC . he will obtain certified copy of the order and forward it to you
3) on basis of said SC order lodge claim for enhanced compensation
Thanks for responding to my query, We have got a certified copy from supreme court.
But my lawyer says he needs a decree and the order sent by SC has no details in it except rise in price.
Also he says the supreme court will send the case record to lower court which may have the decree & till then he is asking to wait. The order was given on 09/Apr/2014 whih is 2 months back and he says the record is not yet received at lower court as they might have sent it to HIGH COURT and from HIGH COURT it needs to be send it to lower court. Is it true that we need to wait for it and there is now other way to lodge the claim?
Asked 3 years ago
1) it is necessary to go through the order passed by SC to advice .
2) wait for some time . since you have won the battle there is no harm in waiting for some time .
3) go as per your lawyer advice .
Hi, as per your narration the Hon'ble Supreme Court has order for enhancement of the rate so you have also stated that you had taken the Certified copy of the Supreme Court so you just inquired in the trial court whether trial court has received the LCR or else contact the advocate who appeared in Supreme Court to request the staff to sent LCR.
You must take the copy of the order passed by Supreme Court to claim enhancement and then file a case for enhancement of the claim through an expert lawyer .apply for carbon copy and certified copy.if you have won the case don't need to get worried wait patiently for sometime.
Yes as advised by your Lawyer you need to obtain the decree to enforce the enhanced claim. Even if you apply to the court to obtain the Decree it normally takes up to 3 to 4 month's to obtain the same.
As you are not in need of further appeal and as the verdict is in your favour allow some more time and follow your lawyer's advice.You are moving in the right direction.
Since the order was passed by SC on 09-04-2014 and only 3 months have elapsed and better to wait for some more days by which time the SC will send the case record to HC for onward transmission to lower court. After the receipt of case record, file a case for enhancement of the claim through your lawyer.
lodge claim for enhanced compensation
Advocate, New Delhi
1. File a petition for enhanced compensation by annexing the crtified copy of the apex court order,
2. If the lower court waits for the copy from he Supreme Court, it will be recorded threin.