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What to do when payment is not in accordance as per the agreed terms
11-Jun-2023 (In Arbitration Law)
land acqusition is completed but payment is not up-to mark . They promised to pay 4times and the hearing was video recorded but now they paid 2 times. And loss of earing is not paid bcoz my property was commercial and i was running a automobile showroom. I want a stay order until my commercial compensation is paid in full.
Need to check the agreement as well! Because I don’t think that in the agreement there will be any arbitration clause for settling disputes. On the contrary you are free to file a writ petition before the concerned High Court, provided there is a State involvement, as after all despite assuming an arbitration clause, high court powers to hear the cases pertaining to infringement of fundamental rights are inherently absolute. The record on the promise will be an added advantage to secure injunction.
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Adv. Pradipta Nath
Durgapur | 200+ Answers
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In case of land acquisition, you can always approach the compensatory authority for redressal of your grievances. However, for the purpose of obtaining a stay order, you have to approach the Hon'ble High Court under Article 226 of The Constitution of India.
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Adv. Gunjan Shah
Kolkata | 100+ Answers
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