Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | land Acquisition Act 1894: Section 25 (as it stood prior lo its amendment by Act 68 of I 984). |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Land Acquisition Act, 1894: Section 25 (as it stood prior lo its amendment by Act 68 of 1984).Land Acquisition-Amount of compensation-Maximum limit-Held, The compensation cannot be in excess of the amount claimed by the claimant but in no case would it be less than that awarded by the Collector under S.9. Section 25-Nature of-Procedural or substantive-Held, ls substantive in nature. Interpretation of Statutes: Substantive provision-Prospective or retrospective-Held, A substantive provision cannot be retrospective in nature unless the provision itself so indicates.The land belonging to the respondents was acquired and compensation paid at a certain amount per acre, which was less than that claimed by the respondents-claimants. The Reference Court determined the market value of the acquired land at much higher amount but restricted the quantum of compensation to the extent claimed by the respondents in view of Section 25 of the Land Acquisition Act, 1894 as it stood prior to its amendment by Act 68 of 1984. A Single Judge of the High Court upheld the decision of the Reference Court but the Division Bench enhanced the compensation to the market value on the ground that Section 25 of the Act being procedural in nature there was no bar for awarding compensation more than the amount claimed by the respondent-claimant. Hence this appeal. On behalf of the appellant it was contended that Section 25 of the Act was substantive in nature and not procedural and that the High Court erred in applying the amended provision of Section 25 of the Act in awarding compensation more than the amount claimed. On behalf of the respondents it was contended that this Court while declaring the law and pointing out the error in the judgment of the High Court should not interfere with the High Court's judgment in the interest of justice. The following question of law arose before this Court: (1) Can the provision of Section 25 of the Land Acquisition Act, 1894 be construed to be procedural in nature or is substantive? (2) If it is held to be substantive in nature, then can the amended provisions of Section 25 of the Act would apply to a case where the award of the Land Acquisition Collector had been made much prior to the amendment in question? (3) Whether the judgment of this Court in Krishi Utpadan Mandi Samiti's case can be held to be correctly decided?(4) Whether at all it would be appropriate for this Court to lay down the law and yet not to interfere with the judgment of the Division Bench of the High Court with regard to the quantum of compensation awarded? (5) Whether the petition under Article 32 can be entertained for deciding the validity of the unamended provisions of Section 25? |
Judge | Honble Mr. Justice G.B. Pattanaik |
Neutral Citation | 2002 INSC 79 |
Petitioner | Land Acquisition Officer-cum-dswo, A.p. |
Respondent | B.v. Reddy And Sons |
SCR | [2002] 1 S.C.R. 1041 |
Judgement Date | 2002-02-14 |
Case Number | 9521 |
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