Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Land Acquisition : 'i- Realistic compensation to land-owners with appropriate rehabilitation measure |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Special Leave Petition |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Land Acquisition :Realistic compensation to land-owners with appropriate rehabilitation measure - Need for- Court taking judicial notice c of the fact that in several States awards of reference courts or judgments of High Courts and Supreme Court increasing the compensation are not complied with and land losers are again driven to courts to initiate time consuming execution process ~ involving considerable expense to recover their just due - In the process land owners are striped of their land and livelihood - Steps required to be taken within the frame work of existing law to provide succour to land losers, namely: (a) Collector/ LA should offer compensation which is reasonable and realistic and very near to value; (b) Whenever courts increase I the compensation, instead of mechanically filing appeals in all cases, or delaying payments without apparent reason, an effort should be made to pay the increases awarded by court promptly; (c) The government and/or beneficiaries of acquisition should encourage and resort to negotiations to arrive at a mutually acceptable amount of compensation; (d) Avenues of rehabilitation by way of employment, housing, investment opportunities, identification of alternative lands, may be explored and implemented - Judicial Notice. Government Litigation :Delay in filing - HELD: More than half the number of SLPs filed in Supreme Court are by the State Governments and Union of India - About 90% of these SLPs are filed with applications for condonation of delay - The delay is usuallycondoned keeping in view the administrative snarls and bottlenecks, governmental procedures and ·the public interest - But there is an urgent need to streamline the 'decision making process' in filing 'special leave petitions' and reduce the delay - Delay. Supreme Court Rules, 1966 :Petition for special leave to appeal - Drafting of- HELD: It is a matter of concern that minimum care is not taken even to verify the petition before filing - Frequency of carelessly. drafted SLPs is rapidly increasing - The very~ purpose of requiring SLPs to be filed only through Advocates-on-record would be defeated if SLPs prepared by some other counsel are mechanically filed without examination or verification by - the Advocate-on-record - The remedy by way of special leave under Article 136 of the Constitution is an extra-ordinary remedy, intended to .be invoked in special cases and should not be treated so casually, negligently or routinely - Constitution· of India,· 1950 - Article 136. |
Judge | Hon'ble Mr. Justice R.V. Raveendran |
Neutral Citation | 2009 INSC 135 |
Petitioner | Special Land Acquisition Officer, U.k. Project. |
Respondent | Mahaboob & Anr. |
SCR | [2009] 2 S.C.R. 881 |
Judgement Date | 2009-02-09 |
Case Number | 4782 |
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