Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Civil Procedure 190 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Code of Civil Procedure, 1908 - Order XLI Rule 31 - Appeals from original decree - Land acquisition - Award of compensation by Reference Court - Appeal against - Disposed of by High Court without considering the evidence on record and by a short and cryptic order - Held: There was non compliance of the mandatory provisions of Order XLI Rule 31 - Hence, Judgment of High Court set aside - Matter remanded back at High Court for fresh decision - Land Acquisition Act, 1894 - s 54.Government of India acquired large area of the land for establishing firing ranges. The Collector awarded compensation to the land holders. The land holders sought reference to be made under section 18 of the Land Acquisition Act, 1894, for enhancement of compensation. The Reference Court awarded compensation for unirrigated and uncultivable land and for irrigated land separately. Both the land holders and the Union of India filed appeals. The High Court dismissed the appeals by a short order.In the other batch of appeals the State Government acquired land for a public purpose. The landholders were awarded compensation. The Reference Court enhanced the compensation. The landholders filed appeals against the award of Reference Court. The High Court disposed of the same by short and cryptic order. The appellant-State filed a review petition. High Court dismissed the same by a short order. Hence the present appeals. |
Judge | Hon'ble Mr. Justice G.P. Mathur |
Neutral Citation | 2007 INSC 1222 |
Petitioner | Union Of India & Anr. |
Respondent | Ranchod & Ors. |
SCR | [2007] 12 S.C.R. 873 |
Judgement Date | 2007-12-04 |
Case Number | 2108- 2194 |
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