Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 6 and 18 Land Acquisition Act 1894 - ss. 4 |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Land Acquisition Act, 1894 - ss. 4, 6 and 18 - Signatures ofappellants-landowners obtained on blank consent form in 1989 -Notification uls.4 issued after 7 years in 1996 - Consent Awardspassed in 1997 on the basis of consent forms - On reference u/s.18, reference court determined compensation - High Court set aside the said judgement on the ground that no reference u/s. 18 wasmaintainable once acquisition was with consent - On appeal, held:Reference could not bt said to be not maintainable' as way back in1995 the land owners had submitted the application that they werenot satisfied with the validity and correctness of consent agreementand again immediately they filed applications seeking reference when consent award was passed - Thus, it could not be said that landowners consented in 199611997 for acquisition at the rate prevailingin 1989 - There was no consent award in the eye of law - Referencecourt was right in awarding the compensation on market price whichprevailed in 1997 - Impugned judgement passed by High Court is set aside and that passed by the reference court is restored. |
Judge | N/A |
Neutral Citation | 2017 INSC 1123 |
Petitioner | Mitesh Kumar Ramanbhai Patel & Ors. |
Respondent | State Of Gujarat & Ors. |
SCR | [2017] 12 S.C.R. 353 |
Judgement Date | 2017-11-16 |
Case Number | 19501-19503 |
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