Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | land Acquisition Act I 894: Section 23(JA) |
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: Section 23(1A) - land acquisition - Additional amount-Entitlement to-Held: Claimants are not entitled to additional amount if the acquisition commenced and the award was made by Collector prior 10 30-6-1982- Pendency of acquisition proceeding on 30-6-1982 before the Collector is essential for getting the benefit under s.23(1A). Section 23(2)-land acquisition---Statutory Solatium (@) 30% -Entitlement to-Held, Claimants are entitled to statutory solatium (@) 30% if the Reference Court made the award after introduction of amendments by the amending Act of 1984.The land belonging to the appellants -claimants was acquired under Section 4 of the Land Acquisition Act, 1894. The Land Acquisition Officer awarded a certain compensation. Being aggrieved by the award the appellants filed a reference before the court. The Reference Court enhanced the compensation, awarded solatium (a) 30% and additional amount under Sections 23(2) and 23(1A) of the Act respectively. But the High Court accepted the sale price of a certain land as the prevailing market price and reduced the compensation by the sum paid to the intermediary and disallowed the additional amount awarded under Section 23(1A) of the Act Hence this appeal. |
Judge | Hon'ble Mr. Justice Ashok Bhan |
Neutral Citation | 2002 INSC 67 |
Petitioner | Kashiben Bhikabai And Ors. |
Respondent | Special Land Acquisition Officer And Anr. |
SCR | [2002] 1 S.C.R. 852 |
Judgement Date | 2002-02-06 |
Case Number | 5354 |
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