Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Rehabilitation and Resettlement Act Land Acquisition – Right to Fair Compensation and Transparency in Land Acquisition 2013 – s.24(1) |
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 | Land Acquisition – Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 – s.24(1) – Land Acquisition Act, 1894 – s.11 – Whether in a case where an award u/s.11 of the Act, 1894 could not be declared by the Authority due to the pendency of the writ petition and/or the interim stay granted by the High Court, which was filed by the landowners and consequently as on the date on which the Act, 2013 came into force, there was no award declared u/s.11 of the Act, 1894, the original landowners shall be entitled to compensation determined under sub-section (1) of s.24 of the Act, 2013 – Held: In a case where on the date of commencement of the Act, 2013, no award has been declared u/s.11 of the Act, 1894, due to the pendency of any proceedings and/or the interim stay granted by the Court, such landowners shall not be entitled to the compensation u/s.24(1) of the Act, 2013 and they shall be entitled to the compensation only under the Act, 1894 – The landowners cannot be permitted to take advantage of the interim order obtained by them due to which the Authority could not declare the award u/ s.11 of the Act, 1894 and thereafter contend that in that view of the matter, he/they shall be paid the compensation u/s.24(1) of the Act, 2013, under which a higher compensation will be available to them – The intention of the Parliament while enacting s.24(1) of the Act, 2013 cannot be to give benefit to a litigant, who has obtained a stay order and because of that the award could not be declared and thereafter the litigant may be awarded the compensation as per Act, 2013 – It may even result in discrimination between the landowners, whose lands have been acquired under the same notification, which would never have been the intention of the Parliament. Land Acquisition – Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 – s.24(1) – Observations made in Indore Development Authority case summarized – Held: The observations would be aptly applicable while interpreting and considering s.24(1) of the Act, 2013. Doctrines / Principles – Principle of Restitution – Discussed – Held: The principle of restitution is a remedy against unjust enrichment or unjust benefit – Restitutionary jurisdiction is inherent in every court, to neutralise the advantage of litigation – Wrongful gain of frivolous litigation has to be eliminated if the faith of people in the judiciary has to be sustained – An unsuccessful litigant (landowner) who had the benefit of an interim order in his favour (whilst a challenge was made to the land acquisition proceedings) cannot encash or take advantage of the same on the enforcement of the Act, 2013 by initially stalling the acquisition process and later seeking a higher compensation under the provisions of Act, 2013 – Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 – Restitutionary jurisdiction. |
Judge | Hon'ble Mr. Justice M.R. Shah |
Neutral Citation | 2022 INSC 613 |
Petitioner | Faizabad-ayodhya Development Authority, Faizabad |
Respondent | Dr. Rajesh Kumar Pandey & Ors. |
SCR | [2022] 3 S.C.R. 190 |
Judgement Date | 2022-05-20 |
Case Number | 2915 |
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