Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1894 redetermination of compensation 18 and 28-A(1) Land Acquisition Act ss.4 6 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Constitution of India Land Acquisition Act, 1894 (1 of 1894) |
Case(s) Referred | Referred Case 0 |
Case Type | Special Leave Petition |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Land Acquisition Act, 1894 – ss.4, 6, 18 and 28-A(1) – Award declared in respect of 136 acres of land, granting compensation @ Rs.25,00,000/-per acre – Applications seeking reference u/s.18 preferred by many landholders but not by the petitioner (holding about 15 acres of land) – Compensation raised to Rs.41,81,500/- per acre – Thereafter, petitioner filed application seeking redetermination of compensation u/s.28-A(1)– Application allowed by Collector vide order dated 06.03.2014 granting same benefits to the petitioner in terms of the order of the Reference Court – In the meantime, matters traveled to the High Court, at the instance of the landholders – Compensation enhanced vide order dated 24.05.2016 to Rs.2,80,00,000/-per acre in respect of comparable lands covered under the same notification – SLPs filed by State – Dismissed – Petitioner filed writ petition for quashing the order dated 06.03.2014 and redetermination of compensation in terms of the judgment of the High Court – Dismissed – On appeal, held: During the pendency of the present matter, Supreme Court summoned the original record to apprise itself as to the circumstances in which the application u/s.28A was taken up for consideration by the Collector – Record indicates that the Collector was given to understand that no appeal or further challenge was pending consideration before any superior court and that the matter had attained finality – It is neither the case of the petitioner nor it is even remotely contended that despite being aware of such pending challenge, the Collector proceeded with the matter and decided the application u/s.28A– Petitioner approached the High Court only after the compensation was enhanced by the High Court – There is nothing in the petition as to why the petitioner took so much time to realise that the course undertaken by the Collector was not keeping with the principles laid down by Supreme Court – Explanation that the petitioner became aware for the first time on 03.08.2016 does not appear to be correct – For an entity who held more than 10% of the land under acquisition the way it conducted itself does not inspire confidence– Idea u/s.28A is certainly to extend benefit of equal compensation to landholders who, for some reasons had not preferred appropriate applications for Reference in time but for a company having profile such as the petitioner, inaction followed by delay in filing petition in the High Court, disentitles the petitioner from claiming any relief u/Art.226 of the Constitution – High Court justified in rejecting the petition – Constitution of India – Art.226. |
Judge | Honble Mr. Justice Uday Umesh Lalit |
Neutral Citation | 2019 INSC 269 |
Petitioner | M/s. Model Economic Township Ltd. |
Respondent | Land Acquisition Collector |
SCR | [2019] 4 S.C.R. 854 |
Judgement Date | 2019-02-26 |
Case Number | 618 |
National Digital Library of India (NDLI) is a virtual repository of learning resources which is not just a repository with search/browse facilities but provides a host of services for the learner community. It is sponsored and mentored by Ministry of Education, Government of India, through its National Mission on Education through Information and Communication Technology (NMEICT). Filtered and federated searching is employed to facilitate focused searching so that learners can find the right resource with least effort and in minimum time. NDLI provides user group-specific services such as Examination Preparatory for School and College students and job aspirants. Services for Researchers and general learners are also provided. NDLI is designed to hold content of any language and provides interface support for 10 most widely used Indian languages. It is built to provide support for all academic levels including researchers and life-long learners, all disciplines, all popular forms of access devices and differently-abled learners. It is designed to enable people to learn and prepare from best practices from all over the world and to facilitate researchers to perform inter-linked exploration from multiple sources. It is developed, operated and maintained from Indian Institute of Technology Kharagpur.
Learn more about this project from here.
NDLI is a conglomeration of freely available or institutionally contributed or donated or publisher managed contents. Almost all these contents are hosted and accessed from respective sources. The responsibility for authenticity, relevance, completeness, accuracy, reliability and suitability of these contents rests with the respective organization and NDLI has no responsibility or liability for these. Every effort is made to keep the NDLI portal up and running smoothly unless there are some unavoidable technical issues.
Ministry of Education, through its National Mission on Education through Information and Communication Technology (NMEICT), has sponsored and funded the National Digital Library of India (NDLI) project.
Sl. | Authority | Responsibilities | Communication Details |
---|---|---|---|
1 | Ministry of Education (GoI), Department of Higher Education |
Sanctioning Authority | https://www.education.gov.in/ict-initiatives |
2 | Indian Institute of Technology Kharagpur | Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project | https://www.iitkgp.ac.in |
3 | National Digital Library of India Office, Indian Institute of Technology Kharagpur | The administrative and infrastructural headquarters of the project | Dr. B. Sutradhar bsutra@ndl.gov.in |
4 | Project PI / Joint PI | Principal Investigator and Joint Principal Investigators of the project |
Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon |
5 | Website/Portal (Helpdesk) | Queries regarding NDLI and its services | support@ndl.gov.in |
6 | Contents and Copyright Issues | Queries related to content curation and copyright issues | content@ndl.gov.in |
7 | National Digital Library of India Club (NDLI Club) | Queries related to NDLI Club formation, support, user awareness program, seminar/symposium, collaboration, social media, promotion, and outreach | clubsupport@ndl.gov.in |
8 | Digital Preservation Centre (DPC) | Assistance with digitizing and archiving copyright-free printed books | dpc@ndl.gov.in |
9 | IDR Setup or Support | Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops | idr@ndl.gov.in |