Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act 2013: s.24(2) |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013: s.24(2) – Lapse of Proceedings – Award not passed due to interim order – If there is delay in the passing of the award owing to interim orders granted by the High Court or even by the civil courts, where suits may have been filed against acquiring bodies, the land owners cannot take advantage of the same so as to contend that no award was made and consequently there was no payment or deposit of the compensation and that possession of the acquired land continued with them – The land owners having availed the benefit of interim orders granted in their favour in proceedings initiated by them against the acquisition cannot take benefit under s.24(2) of the Act, 2013. Code Of Civil Procedure, 1908 – Or.14 r. 2 – Adjudication upon all issues along with Preliminary Issue – The courts should adjudicate on all the issues and give its findings on all the issues and not to pronounce the judgment only on one of the issues – The purpose is to avoid the increase of burden on the appellate court and in many cases if the decision on the issue decided is found to be erroneous and on other issues there is no adjudication and no findings recorded by the court, the appellate court will have no option but to remand the matter for its fresh decision – Therefore, to avoid such an eventuality, the courts have to adjudicate on all the issues raised in a case and render findings and the judgment on all the issues involved. |
Judge | Hon'ble Mr. Justice Mukeshkumar Rasikbhai Shah |
Neutral Citation | 2022 INSC 325 |
Petitioner | The Agricultural Produce Marketing Committee Bangalore |
Respondent | The State Of Karnataka & Ors |
SCR | [2022] 4 S.C.R. 309 |
Judgement Date | 2022-03-22 |
Case Number | 1345-1346 |
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