Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1894: Ss. 4(1) I I and 28-A-Notification u/s. 4(1 Land Acquisition Act 6 |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Land Acquisition Act, 1894: Ss. 4(1), 6, 11 and 28-A-Notification u/s. 4(1)-Deemed date given to by Supreme Court-Effect of-Acquisition of land-Notification u/s. 4 issued on 21.8.1985 and declaration u/s. 6 made on 25. 7.1986 challenged before High Court-High Court annulling notification u/s. 4-Appeal before Supreme Court-Supreme Court upheld the acquisition and set aside judgment of High Court and, keeping in view the peculiar facts and circumstances of the case, postponed the date of notification to 1.1.1988 for purposes of determining the compensation*-Writ petition filed before the High Court challenging the acquisition proceedings contending that subsequent to order passed by Supreme Court no declaration under S. 6 or award under S.11 were made thereby rendering the acquisition proceedings non-est-Writ petition rejected by High Court holding that its decision on the points would amount to reviewing the order of Supreme Court-Held, in the earlier judgment the acquisition proceedings were upheld and declaration u/s. 6 was kept intact-Deemed date to the notification u/s. 4 was given by creating a legal fiction for giving enhanced compensation to the claimant in the appeal and it has to be limited to that only-It cannot be extended beyond it leading to the issuance of fresh declaration u/s. 6 or giving afresh award u/s. 11-It was made clear that other claimants whose lands may have been acquired under the same notification would not be entitled to get enhanced compensation u/s. 28-A because of deemed date of notification u/s. 4(1) given to appellants-Directions given with regard to early payment of compensation and deciding reference petition u/s. 18 keeping in view the directions in the earlier judgment. |
Judge | N/A |
Neutral Citation | 2002 INSC 127 |
Petitioner | Raj Kumar Johri And Anr. |
Respondent | State Of M.p. And Ors. |
SCR | [2002] 2 S.C.R. 512 |
Judgement Date | 2002-03-07 |
Case Number | 5938-5939 |
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