NDLI: Urmila Devi and Others Vs. The Deity, Mandir Shree Chamunda Devi, Through Temple Commissioner and Others

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Land Acquisition Compensation
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Specific Relief Act, 1963 (47 of 1963)
Case(s) Referred	Referred Case 0 Referred Case 1
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Specific Relief Act, 1963: s.21 – Compensation in certain cases – Respondent no.2 to 6 (defendant no 1 to 5) agreed to sell land to predecessor-in-interest of appellants who paid full consideration and took possession of land and constructed three shops on the suit land – Respondent no.2 to 6 gifted same land to defendant no.6-respondent no.1 – Aggrieved with the non-execution of sale deed and with gift deed in favour of respondent no.1, predecessor-in-interest of appellants filed suit for specific performance – Trial court declared gift deed in respect of suit land as null and void and decreed the suit – First appellate court upheld the judgment of trial court – During pendency of appeal before High Court, notification under s.4 Land Acquisition Act was issued and award passed for the suit land and three shops constructed thereon in favour of defendant no.6 – High Court accepted the plea of defendant no.6 that the land was acquired during the pendency of appeal and, therefore, decree for specific performance was not maintainable and modified the decree by ordering respondent no.2 to 6 to pay full consideration amount to appellant with interest – On appeal, held: s.21 empowers the Court to award compensation in certain cases – The name of defendant No.6 being recorded in the Revenue records, compensation was determined in its favour to the extent of amount of Rs.10,03,743/- – In view of the judgment of courts below whereby the gift deed was declared void, defendant No.6 had no right in the suit land and was clearly not entitled to receive any amount consequent to the acquisition of the suit land – Therefore, in the ends of justice, compensation of Rs.10 lakh is awarded in favour of the appellants out of the compensation received consequent to the acquisition of the suit land – The rest of the compensation, if any, received towards land and shops to be paid to the land owner that is respondent Nos.2 to 6).
Judge	Hon'ble Mr. Justice Ashok Bhushan
Neutral Citation	2018 INSC 16
Petitioner	Urmila Devi And Others
Respondent	The Deity, Mandir Shree Chamunda Devi, Through Temple Commissioner And Others
SCR	[2018] 1 S.C.R. 797
Judgement Date	2018-01-10
Case Number	462

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Urmila Devi and Others Vs. The Deity, Mandir Shree Chamunda Devi, Through Temple Commissioner and Others

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Urmila Devi and Others Vs. The Deity, Mandir Shree Chamunda Devi, Through Temple Commissioner and Others

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