• Land acquisition

Hi,

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 2 years ago 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
Ajay Sethi
Advocate, Mumbai
23090 Answers
1212 Consultations
5.0 on 5.0
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 .
Ajay Sethi
Advocate, Mumbai
23090 Answers
1212 Consultations
5.0 on 5.0
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.
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0
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.
Jeshma Mohandas KP
Advocate, Kozhikode
567 Answers
1 Consultations
3.5 on 5.0
Hello,
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.
S J Mathew
Advocate, Mumbai
1949 Answers
65 Consultations
5.0 on 5.0
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.
Shashidhar S. Sastry
Advocate, Bangalore
1232 Answers
59 Consultations
5.0 on 5.0
lodge claim for enhanced compensation
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
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.
Krishna Kishore Ganguly
Advocate, Kolkata
12027 Answers
227 Consultations
5.0 on 5.0

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