Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1894 Section 18 compensation on negotiation Land Acquisition Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Land Acquisition Act, 1894 (1 of 1894) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Land Acquisition Act, 1894: s.18 - Land acquisition proceedings taking long time and as a result, authorities proposing settlement of the compensation on negotiation - Negotiated award passed stating that land value is fixed on negotiation and appellant shall not be entitled for seeking any enhancement of market value u/s.18 but appellant shall be entitled for market value for the structures and trees separately - Supplementary Negotiated award for building and trees fixed with a condition therein that valuation was negotiated as full and final rates and no statutory benefits under the Act would be admissible over and above - The award further stated that it was enhanced in absentia and, therefore, notice u/s.12(2) be issued to interest holders immediately - Claim for statutory benefits - High Court held that the writ petitioners having accepted the land value on negotiated settlement was not justified in seeking any statutory benefits - Held: Appellant had not accepted the award - Filing of writ petition before the expiry of six months from the date of the Negotiated award would also show that the appellant had taken steps to vindicate her grievances regarding insufficiency of compensation by approaching High Court u/Art. 226 - In the peculiar facts and circumstances of the case and for doing complete justice, the appellant is given an opportunity to make a request for reference u/s.18 of the Act before the Land Acquisition Collector for enhancement of compensation and for all other original benefits in respect of the Supplementary Negotiated Award - If such an application for reference is made before the Collector who passed the Award within four weeks, the same shall be referred to the Court of competent jurisdiction within a month thereafter and the said Reference Court shall dispose of the reference expeditiously and preferably with a period of six months thereafter. |
Judge | Hon'ble Mr. Justice Kurian Joseph |
Neutral Citation | 2016 INSC 235 |
Petitioner | Shakuntla Devi |
Respondent | State Of H.p. And Others |
SCR | [2016] 2 S.C.R. 144 |
Judgement Date | 2016-03-02 |
Case Number | 2043 |
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