Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1894 Land Acquisition Act |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Land Acquisition Act, 1894: Ss. 11, 18 and 50(2)-Award-Finality of-Local authority-Right to appeal-Right to be given notice by Collector and reference court of date on which compensation is to be determined-Land acquired for Public Health Engineering Department of Government of Kerala-Award made by Collector in June 1986-Reference to civil court-Award made by civil court between 1989 and 1991-Meanwhile Government of Kerala constituted Kerala Water Authority which succeeded to Public Health Engineering Department-State of Kerala and Kerala Water Authority filing appeals before High Court challenging the awards made by civil court-Pending appeal judgment in U. P. Awas Evam Vikas Parishad v. Gyan Devi delivered by Supreme Court- Accordingly, High Court held that proceedings before reference court stood vitiated for want of notice to Kerala Water Authority and remanded the case to civil court for decision afresh after impleading K.W.A. as a party and affording the parties an opportunity to adduce evidence-Held, on 20.10.1994, the date on which Supreme Court delivered judgment in Gyan Devi, the matters relating to compensation had not achieved finality and had not stood finally concluded in as much as the same were pending in appeal before High Court and appeal is a continuation of original proceedings-So far as award given by Collector is concerned that can be said to have become final before the date of decision in Gyan Devi; but not the award given by civil court on reference-As regards right of K.W.A to notice, a notice to it was mandatory and even if it was aware of the proceedings, it would not be sufficient compliance of S. 50-High Court has not erred in remanding the case- Further directions given regarding representing the parties by counsel and examining and cross-examining the witnesses etc. before civil court-Notice. Appeal-Held, is a continuation of original proceedings. |
Judge | N/A |
Neutral Citation | 2002 INSC 50 |
Petitioner | Abdul Rasak And Ors. |
Respondent | Kerala Water Authority And Ors. |
SCR | [2002] 1 S.C.R. 615 |
Judgement Date | 2002-01-25 |
Case Number | 704 |
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