Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1894 Land Acquisition Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Section 25 {prior to Land Acquisition (Amendment) Act, 68of1984) andSection 53-Compensation-Whether can be awarded over and above theclaimed amount-Award passed prior to the effective date of amended Section25-Amendment of the claim under CPC allowed-Held, though pre-amendment Section would be attracted in the case, but in the instant case itdoes not get att;acted in view of the amendment of the claim as CPC isapplicable to the proceedings under the Act-Code a/Civil Procedure, 1908.Sections 23(2) and 28 (as amended by Land Acquisition (Amendment)Act, 1984, Section 23(1-A) (as inserted by Land Acquisition Amendment Act,1984); Sections 30(J)(a),(b) and 30(2)-Applicability of the amended provisionsto pending proceedings-Held, in the/acts of the case, Sections 23(2) and 28are applicable as the dates of award passed by the Collector as well as theReference Court fall within the time span specified in Section 30(2/-Section23(1-A) is applicable to pending proceedings only when the cases/all withinthe ambit of Section 30(1)(a) and (b)-Jn the/acts of the case, not applicablesince the case does not fall within the ambit of Section 30(1)(a) and (b). |
Judge | Hon'ble Mr. Justice P. Venkatarama Reddi |
Neutral Citation | 2003 INSC 30 |
Petitioner | Ghaziabad Development Authority |
Respondent | Anoop Singh And Anr. |
SCR | [2003] 1 S.C.R. 522 |
Judgement Date | 2003-01-23 |
Case Number | 5101 |
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