Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Compensation: Dispute relating to payment of compensation pursuant to acquisition of land of respondent- company and auction of part of the land of the company |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Compensation: Dispute relating to payment of compensation pursuant to acquisition of land of respondent- company and auction of part of the land of the company - In the instant case, respondent company was in heavy arrears and a receiver was appointed - Company was acquired on 28th October, 1984 under Sugar Undertakings (Acquisition) Act, 1971 - State Government extended a facility of loan to the extent· of Rs. 6. 13 crores to the receiver - Meanwhile, land owned _by respondent company acquired for the Development Authority - On 20th February, 1992, District Collector ordered to pay the compensation amount to the Company after adjustment of different dues payable by the Company - Challenged - Held: It is always open to the competent authority to seek recovery of the amount if due from the Company or to adjust the dues - The Collector was not a party by name - Order dated 20th February, 1992 passed by the Collector was also not under challenge, inspite of the same the High Court declared the said order as illegal - High Court's order set aside - Matter remitted to the District Collector to determine the liability of the Company upto the date of vesting i.e. 28th October, 1984 after notice to the parties.Interest: Auction of part of land - Auction sale set aside - Refund of amount to auction purchaser - Claim for interest - Held: There was no mis-representation on the part of the auction purchasers; they deposited the total auction amount within the time stipulated - The title of the land was also transferred in their favour - But for the reasons mentioned by the High Court the sale was cancelled - Auction purchaser is entitled to interest on the refund amount on equitable grounds @ 6% P.A. |
Judge | Hon'ble Mr. Justice S.J. Mukhopadhaya |
Neutral Citation | 2014 INSC 429 |
Petitioner | State Of U.p. & Ors. |
Respondent | M/s. Jaswant Sugar Mills Ltd. & Ors.etc. |
SCR | [2014] 9 S.C.R. 838 |
Judgement Date | 2014-06-30 |
Case Number | 6169-6171 |
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