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Section 11 of The Requisitioning and Acquisition of Immovable Property Act, 1952

Appeals from awards in respect of compensation.

Any person aggrieved by an award of the arbitrator made under section 8 may, within thirty days from the dale of such award, prefer an appeal to the High Court within whose jurisdiction the requisitioned or acquired property is situate: Provided that the High Court may entertain the appeal after the expiry of the said period of thirty days, if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.

Summary

Any person unhappy (aggrieved) with a compensation award made by an arbitrator under Section 8 can file an appeal.
The appeal must be submitted to the High Court that has jurisdiction over the area where the property is located.
The appeal must be filed within thirty days from the date the arbitrator's award was made.
The High Court can accept an appeal after the thirty-day limit has expired if the appellant can show a good reason (sufficient cause) for the delay.

Practical examples

1Ms. Meera Sen is unsatisfied with the five lakh rupees compensation award made by the arbitrator for her land in Kolkata. She files an appeal in the Calcutta High Court twenty-five days after the award is made, which is within the thirty-day deadline.

2Mr. Ramesh Gupta wants to appeal a compensation award for his property in Bangalore, but he was traveling abroad and missed the thirty-day deadline. He files his appeal forty-five days after the award and provides travel records as sufficient cause, which the High Court accepts.

FAQ

1. Who can appeal under this section?

Any person who is aggrieved (unhappy) with a compensation award made by an arbitrator under Section 8 of the Act can appeal.

2. Which court handles appeals against compensation awards?

The appeal must be filed in the High Court within whose jurisdiction (geographic area of legal authority) the requisitioned or acquired property is located.

3. How long do I have to appeal a compensation award?

You have thirty days from the date the arbitrator makes the award to file your appeal.

4. What if I miss the thirty-day deadline to appeal my compensation award?

The High Court can still hear your appeal if you can prove that you had a sufficient cause (a very good and valid reason) that prevented you from filing on time.

Test yourself

1.Under Section 11 of The Requisitioning and Acquisition of Immovable Property Act, 1952, to which court must an appeal against an arbitrator's compensation award be made?

2.Under Section 11 of The Requisitioning and Acquisition of Immovable Property Act, 1952, what is the time limit for filing an appeal against an arbitrator's compensation award?

3.Under Section 11 of The Requisitioning and Acquisition of Immovable Property Act, 1952, what can the High Court do if an appeal is filed after the thirty-day limit has expired?

4.Under Section 11 of The Requisitioning and Acquisition of Immovable Property Act, 1952, which specific decision can be appealed under this provision?

5.Under Section 11 of The Requisitioning and Acquisition of Immovable Property Act, 1952, how does Section 11 differ from Section 10 of the Act regarding the destination of the appeal?

6.Under Section 11 of The Requisitioning and Acquisition of Immovable Property Act, 1952, how do the filing deadlines compare between Section 10 and Section 11?

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