Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1894 Reference proceedings ss.30 and 31 Land Acquisition Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Transfer of Property Act, 1882 (4 of 1882) Land Acquisition Act, 1894 (1 of 1894) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 Referred Case 8 Referred Case 9 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Land Acquisition Act, 1894 – ss.30 and 31 – Reference proceedings under – Decree passed – Allegation of fraud – When not proved – Large extent of land including the land in question belonging to Panchayat/Gaon Sabha was acquired – Respondents claimed that they were lessees of the land in question and thus entitled for compensation – Matter referred to Civil Court u/ss.30, 31 which passed decree holding respondents entitled for compensation to the extent of 87% and gaon sabha for the remaining 13% – Suit filed by appellants inter alia for declaration that the aforesaid decree was obtained by fraud – Decreed – Set aside by High Court – Held: Decree passed by Civil Court became final and was not questioned in any appeal – Land in question was banjar land having shora and Panchayat wanted to give it on lease to make the same fit for cultivation by removing shora – At every stage, the proceedings for grant of lease to respondents were approved by competent authority – It cannot be said that lease was obtained by respondents in collusion with ex-Pradhan of Gaon Sabha – Fraud has to be pleaded and proved – In the present case, except a vague plea, there were no particulars of how the fraud was played – Fraud not established – No case made out to interfere with the well reasoned judgment of High Court – Transfer of Property Act, 1882 – s.53ATransfer of Property Act, 1882 – s.53A – Defence under – Discussed – Land Acquisition Act, 1894. |
Judge | Hon'ble Mr. Justice R.Subhash Reddy |
Neutral Citation | 2020 INSC 488 |
Petitioner | Union Of India & Anr. |
Respondent | M/s. K.c. Sharma & Co. & Ors. |
SCR | [2020] 6 S.C.R. 854 |
Judgement Date | 2020-08-14 |
Case Number | 9049-9053 |
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