Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | land aquisition |
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 Dismissed |
Headnote | Land Acquisition Act, 1894: Ss. 4, 6, 12, 18--Land acquisition-Co-owners- Writ petition by father and brother-No co-ownership pleaded-High Court quashed notification concerning the two litigants only-Other brother accepted compensation under protest and sought reference for enhancement of compensation-Writ petition by him after about 5 years seeking to quash same notification-Maintainability of. Award-Remedy of reference-Whether compensation to be accepted only under protest.Hindu Law: Coparcenary-Whether can be pleaded between brothers only excluding father. Constitution of India: Articles 136, 226-Plea-Not raised in writ petition-Whether can be entertained in appeal. In a writ petition filed by the father and the brother of the appellant, a Notification dated 6.8.1973 issued under ss. 4 and 6 of the Land Acquisition Act, 1894 was quashed by the High Court. The Letters Patent Appeal filed by the State was dismissed by the Division Bench of the High Court, but it restricted to quashing of the notification only in relation to the land of the two respondents in that appeal i.e., the father and the brother of the appellant herein. The appellant was not a party in the writ petition filed by his father and brother. He had accepted under protest the compensation awarded by the Collector on 11.12.1973 and had filed applications for enhancement of compensation before the competent court. In September, 1978, the appellant filed a writ petition before the High Court seeking to quash the same Notification dated 6.8.1973, and contended that Letters Patent Appeal was wrongly decided inasmuch as the whole Notification, and not part of it concerning the two respondents therein only, ought to have been quashed. The writ petition was heard and dismissed by the Division Bench which had decided Letters Patent Appeal. The appellant filed the appeal by special leave to this Court. It was contended on behalf of the appellant that writ petition filed by his father and brother must have been deemed to have been filed on his behalf also and the decision in the Letters Patent Appeal quashing the Notification under ss.4 and 6 of the Act "in so far as it related to the respondents therein" included the appellant herein also. The appellant also claimed co-ownership/coparcenary with his brother only. |
Judge | Hon'ble Mr. Justice Yogeshwar Dayal |
Neutral Citation | 1992 INSC 66 |
Petitioner | Ashwani Kumar Dhingra |
Respondent | State Of Punjab |
SCR | [1992] 2 S.C.R. 39 |
Judgement Date | 1992-03-06 |
Case Number | 2977 |
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