land aquired by govt.
naveenraj jain
(Querist) 26 June 2014
This query is : Resolved
Sirs
My friends father X a retired senior citizen bought two sites in 1969. These sites were aquired for road widening by BDA an arm of Karnataka govt. And an award was made for 17000/- as compensation. But X rejected the award and demanded that he be compensated with another site elsewhere. But authorities rejected his demand.this ordeal went thro till 2002 untill X felll ill n was bed ridden till death in 2006. There was WP filed seeking mandamus but that file had office objections which was not rectified due to X bad state of health.
This happened in 2001. Case was dismissed for non prosecution.
X son now approached an advocate who advised that this case is of no use now. And moreover award money is also 17000 only not worth fighting for. Is the Advocate advice proper or any other solution wherein award money along with interest is paid to LR's.
Raj Kumar Makkad
(Expert) 27 June 2014
An application can be moved seeking restoration of the petition after enclosing the documents of illness and death of the father of your friend.
Rajendra K Goyal
(Expert) 27 June 2014
The award amount is not enough to again start any litigation.
You can try if the case is restored.
ajay sethi
(Expert) 27 June 2014
advocate is right . for rs 17,000 it is not worth making application for restoration . you will spend more money on legal fees
T. Kalaiselvan, Advocate
(Expert) 28 June 2014
You may follow the advice of your advocate provided you are not going to claim enhanced compensation, for enhancement also, may be it is barred by limitation as of now, please clarify the details from local sources.