Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1894. S.4-Agricultural land jointly held by members of a family 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 | Land Acquisition Act, 1894:S.4-Agricultural land jointly held by members of a family-Acquired for a Hydro-electric Project-Resettlement and Rehabilitation Scheme for displaced 'Landless family' -One of the three brothers jointly holding the land applied for and was granted benefits provided under the Scheme-Later, other two brothers also applying for the benefits pleading that they were living separately-Held, land being held jointly by all the members of the family, the person who first applied having been given the benefits as per the Scheme, Corporation was not obliged to provide any more benefits to any other member of the family even if living separately. Certain agricultural lands held by members of a family as joint holders, were acquired under s.4 of the Land Acquisition Act, 1894 for the purpose of a Hydro-electric Project. The family consisted of several members including three brothers. One of the brothers obtained "landless certificate" and applied for benefits under the Resettlement and Rehabilitation Scheme. The appellant-Corporation granted to the applicant all the benefits under the Scheme including the benefit of employment to his wife. Later, the remaining two brothers also applied for the benefits under the Rehabilitation Scheme. Their claims were rejected on the ground that only one member of the 'landless family' could be given the benefits under the Scheme. However, the High Court allowed their writ petitions holding that they were entitled to the benefits under the Scheme as they were living separately. In the appeals filed by the Corporation, it was contended for the appellant that once the benefits were made available to one member of the family which was jointly holding the land acquired, no further benefits could be given to any other member of the family. For the respondents it was contended that their brother who got the benefits under the Scheme was a step-brother living separately, and they belonged to a different family even on the date of notification under s.4 of the Act, and, therefore, they had to be provided the benefits of the scheme separately. |
Judge | Hon'ble Mr. Justice B.N. Srikrishna |
Neutral Citation | 2005 INSC 13 |
Petitioner | Satluj Jal Vidyut Nigam Ltd. And Anr. |
Respondent | Dila Ram And Ors. |
SCR | [2005] 1 S.C.R. 66 |
Judgement Date | 2005-01-05 |
Case Number | 6218-6219 |
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