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 Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Land Acquisition Act, 1894 - s. 30 - Reference under - For refund of the earnest money by respondent no. 1 - Adjudication of. when several civil suits with respect to refund of earnest money and for specific performance of the agreement to sale were filed by the respondent no.1 earlier in point of time - Held: Once remedy in the form of civil suits had been resorted to, it was not at all proper exercise of power to invoke provisions u/s. 30 with regard to apportionment of the compensation by directing refund of earnest money - It is not mandatory to make reference to the civil court u/s. 30 and adjudication of dispute in an appropriate case can be ordered by way of the civil suit - Civil court was already in seisin of the matter as such Reference court rightly rejected the reference made u/s. 30 and rightly asked parties to await outcome of the regular civil suits - Order passed by the High Court for refund of the earnest money set aside . |
Judge | Hon'ble Mr. Justice Arun Mishra |
Neutral Citation | 2017 INSC 402 |
Petitioner | Ramesh Chand And Ors. |
Respondent | M/s. Tanmay Developers Pvt. Ltd. & Ors. |
SCR | [2017] 3 S.C.R. 282 |
Judgement Date | 2017-04-26 |
Case Number | 5598 |
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