Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Land Acquisition |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Land Acquisition: Karnataka Industrial Areas Development Act, 1966 (KIAD Act) – s. 28 – Persons interested – Proper party – Right of subsequent allottee to participate in reference proceedings – The lands of the appellants were acquired u/s. 28(4) of the KIAD Act for establishment of industrial areas – Land Acquisition Officer after affording opportunity of hearing to the owners of the land passed award on 06.10.2009 – References made to the Reference Court at the instance of landowners – Reference Court enhanced the amount of compensation – Respondent No.1 (MRPL) was allotted the land as a lessee by the Karnataka Industrial Areas Development Board (KIADB) – MRPL preferred the appeals before High Court on the ground that it ought to have been heard by the Reference Court as it was beneficiary of the acquisition and under the agreement between the KIADB and MRPL, MRPL has to pay the additional amount of compensation – High Court held that MRPL can be said to be a ‘person interested’ and therefore, ought to have been heard before enhancing the amount of compensation – The matter was remanded back to Reference Court for fresh decision after giving an opportunity of hearing to all parties including MRPL – On appeal, held: There is no reason to take a different view than the view taken in the case of *Peerappa Hanmantha Harijan v. State of Karnataka that MRPL being a subsequent allottee after the land was acquired by KIADB, can neither be said to be a beneficiary nor a ‘person interested’ for the purpose of determination of compensation – The judgment and order passed by the High Court quashed. Constitution of India: Art. 141 – Binding Precedent – Held: Not following the binding precedents of Supreme Court by the High Court is contrary to Art. 141 of the Constitution of India. |
Judge | Hon'ble Mr. Justice M.R. Shah |
Neutral Citation | 2022 INSC 693 |
Petitioner | Gregory Patrao And Ors. |
Respondent | Mangalore Refinery And Petrochemicals Limited & Ors. |
SCR | [2022] 12 S.C.R. 97 |
Judgement Date | 2022-07-11 |
Case Number | 4105 |
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