Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Land Acquisition Act 1894 – ss. 18 28 and 34 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Land Acquisition Act, 1894 – ss. 18, 28 and 34 – Collectordeclining to award interest on compensation u/s. 28A proceedingsto the landowners – Legal remedy available to the landownersagainst such order – Landowner should approach the Civil Courtin reference u/s.28A(3) r/w. s.18 of the Act or should file writ petitionu/s.226 of the Constitution – Held: A dispute relating to non-awardof interest payable to the landowners u/s.28 and s.34 of the Act isnot specified u/s. 18 and hence it is not capable of being referredby the Collector to the Civil Court u/s. 18 of the Act – It is also forthe reason that payment of interest is statutory in character andbeing statutory, it is mandatory for payment once conditionsspecified u/s.28 or/and 34 are fulfilled – In Shree Vijay Cotton &Oils Mills case it was held that there is inherent evidence in thewording of ss. 28 and 34 to show that the framers of the Act intendedto assure the payment of interest to the person whose land wasacquired and it was not the intention to subject the said payment toprocedural hazards – Accordingly, the dispute in relation to nonawardof interest can be raised by an aggrieved person only bytaking recourse to Art. 226 of the Constitution in writ petition –Reference u/s.18 or s.28A(3) cannot be considered to be analternative statutory remedy available to the landowner for gettingthe question of non-award of interest payable u/s.28 or/and 34 ofthe Act decided by the Civil Court – Constitution of India – Art.226. |
Judge | Hon'ble Mr. Justice Abhay Manohar Sapre |
Neutral Citation | 2018 INSC 103 |
Petitioner | Union Of India & Anr. |
Respondent | Pushpavathi & Ors. Etc. |
SCR | [2018] 10 S.C.R. 434 |
Judgement Date | 2018-02-06 |
Case Number | 1622-1631 |
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