| Content Provider | Supreme Court of India |
|---|---|
| e-ISSN | 30484839 |
| Language | English |
| Access Restriction | NDLI |
| Subject Keyword | Cross objection Land Acquisition Act 23 and 54 18 1894 ss.11 enhancement in the compensation |
| Content Type | Text |
| Resource Type | Law Judgement |
| Jurisdiction | India |
| Act(s) Referred | Code of Civil Procedure, 1908 (5 of 1908) Land Acquisition Act, 1894 (1 of 1894) |
| Case Type | Appeal |
| Court | Supreme Court of India |
| Disposal Nature | Appeal Allowed |
| Headnote | Land Acquisition Act, 1894 – ss.11, 18, 23 and 54 – Appellants-landowners’ land acquired by the State-respondent no.3 for the benefit of NTPC-respondent no.1 – Land Acquisition Officer (LAO) offered Rs.3,87,383/- per bigha to the appellants as compensation– Appellants sought reference u/s.18 of the Act – Reference Court enhanced the compensation to Rs.5,00,000/- per bigha – State and NTPC filed appeals before the High Court – Appellants filed cross objection u/Or. XLI,, r.22, CPC in the said appeals and sought further enhancement in the compensation – Appeals dismissed by the High Court, consequently, the cross objection filed by the appellants were also dismissed – Held: Appellants had two remedies to question the legality or/and correctness of the award passed by the Reference Court – One remedy was by way of appeal u/s.54 of the Act and the other remedy was to file cross objection u/Or. XLI, r.22, CPC in the appeal filed by the State/NTPC – Landowners took recourse to second remedy – High Court having dismissed the appeals filed by the State/NTPC, was required to examine as to whether any case was made out by the appellants – High Court, however dismissed the cross objection without assigning any reason – Or.XLI, r.22(4) provides that where, in any case in which any respondent has under this rule filed a memorandum of objection, the original appeal is withdrawn or is dismissed for default, the objection so filed may nevertheless be heard and determined after such notice to the other parties as the Court thinks fit – Merely because the High Court dismissed the appeals filed by the respondents though on merits, yet that by itself would not result in dismissal of the landowners’ cross objection also – Cross objection had to be disposed of on its merits notwithstanding the dismissal of the appeals as provided u/Or. XLI,,r.22, CPC by assigning reasons – It was obligatory on the part ofthe High Court to have independently examined the issues raisedby the appellants – Case remanded to High Court for deciding the cross objection filed by the appellants in accordance with law –Code of Civil Procedure, 1908 – Or.XLI, r.22. |
| Judge | Hon'ble Mr. Justice Abhay Manohar Sapre |
| Neutral Citation | 2019 INSC 767 |
| Petitioner | Shri Badru (since Deceased) Through L.r.hari Ram Etc. |
| Respondent | Ntpc Limited (formerly National Thermal Power Corporation Limited) & Ors. |
| SCR | [2019] 9 S.C.R. 993 |
| Judgement Date | 2019-07-16 |
| Case Number | 5557 |
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