Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Agricultural Land Land Acquisition |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Land Acquisition:Agricultural land - Acquired by Municipal Council - For opening a primary school - High Court, by an interim order, directing appellant-Council to pay to respondents 50% of enhanced compensation as awarded by reference court - Held: If the land is to be acquired, law requires prompt payment of compensation - In case the party by whom or for whom the land is acquired is not in a position to make the payment of compensation, the person-aggrieved becomes entitled to get the land restored - Payment of compensation as per award u/s 11 of the Act 1894, cannot be sufficient security to serve the interest of the person-interested pending adjudication of appeal against the reference court's award - The excuse that appellant-Council has paucity of funds cannot be accepted as a justified cause to entertain the petition - The appellant is directed to make the payment of the enhanced amount of compensation, failing which it must restore the possession of suit land to persons aggrieved who in turn would refund the entire amount received as compensation - Land Acquisition Act, 1894 - ss. 11 and 18 - Maharashtra Regional and Town Planning Act, 1966.Acquisition of land - Court showing its concern on State/ Authorities dragging uprooted claimants into litigation up to apex Court for payment of paltry amounts - Government litigation.Constitution of India, 1950:Art.300A r/w Arts. 21 and 21-A - Acquisition of agricultural land for opening a primary school - Obligation of State or its instrumentality to open school and right of an individual land owner whose land is being acquitted for the purpose - Discussed. |
Judge | Hon'ble Dr. Justice B.S. Chauhan Honble Mr. Justice Sharad Arvind Bobde |
Neutral Citation | 2013 INSC 844 |
Petitioner | Bhusawal Municipal Council |
Respondent | Nivrutti Ramchandra Phalak & Ors. |
SCR | [2013] 17 S.C.R. 259 |
Judgement Date | 2013-12-17 |
Case Number | 11227-11228 |
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