TaxTMI 
TaxTMI 
2014 (7) TMI 1378
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....challenge has been raised to the validity of the acquisition proceedings contending that since the notification under Section 3-D of the Act was published within the prescribed time, it has ceased. The contention, therefore, is that the acquisition deserves to be quashed and he further submits in the alternative that the procedure adopted for awarding compensation is also erroneous and in violation of principles of natural justice. On the issue of award of compensation he submits that two awards cannot be made, one which has been made in relation to the land and the other which is proposed to be made for the standing construction where the bank is a tenant. He submits that no assessment of the valuation of the said construction has been ma....
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.... facts of the present case. The main issue relating to the demand of compensation by the petitioner has to be considered. Sri Pranjal Mehrotra, learned counsel for the respondent no.2, has urged that the award made by the authority is subject to the provisions of the Arbitration and Conciliation Act, 1996 and in such circumstances once an award has been made under Section 3-G of the Act then the remedy of the petitioner in respect of compensation is to invoke the jurisdiction of the 1996 Act before the competent court. He, therefore, submits that the writ petition would not be maintainable. Having considered the submissions raised, we find that there is a statutory obligation for publishing the notice in two newspapers for the purpose of....
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....lting in violation of principle of natural justice. The question, therefore, availing of any alternative remedy by the petitioner on the facts of this case does not arise and we are supported in our view by the law pronounced by the Apex Court in the case of Whirlpool Corporation Vs. Registrar of Trade Marks, Mumbai and others, reported in 1998 (8) SCC Page 1. The award which has been rendered in relation to the agricultural land of the petitioner is clearly in violation of Section 3-G of the Act as the award itself also nowhere recites that any such notice was published in the newspaper as required in the said provision. Consequently, the impugned award dated 30.4.2013 to the said extent is quashed. So far as the issue relating to the ob....