Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Land Acquisition |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Land Acquisition Act, 1894 (1 of 1894) |
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 Referred Case 8 Referred Case 9 Referred Case 10 Referred Case 11 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Land Acquisition – Claim for compensation – Whether afterthe abolition of jagirs by virtue of the Abolition Act, 1953, theRespondent-Jagirdar or his legal representatives could have claimedthe compensation on the land acquisition being made, particularlywhen land vested in the State, the land was not under the personalcultivation, and when they have received the compensation underthe Abolition Act, and apart from that had also received thecompensation under the provisions of the Ceiling Act, 1972 – Held:It was conclusively established that land in question had beendeclared surplus and compensation under the Ceiling Act had alsobeen received, even though the land had already vested in the Stateunder the Abolition Act – Once the disputed land had been admittedlydeclared surplus in Ceiling Act, there was no question of paymentof compensation to Respondent or his legal representatives inproceedings initiated later on under the LA Act – In instant case,there were earlier proceedings which makes it clear that respondentwas not entitled to claim compensation under the LA Act – Therewas no subsisting right, title or interest left with respondent or hisLRs, thus, they could not be permitted to obtain compensation –Land Acquisition Act, 1894 – ss.18 and 30 – Himachal PradeshAbolition of Big Landed Estates and Land Reforms Act, 1953 – s.27– H.P. Ceiling on Land Holdings Act, 1972 – s.11.Administration of Justice – Abuse of process of law –Respondent received compensation three times with respect to thesame land – Firstly, in 1966-67 he had received a sum of Rs.28,019as compensation due to the vesting of entire land in the StateGovernment and compensation was determined under the AbolitionAct – Second time the compensation of Rs.57,388/- had been received in the year 1980-81 under the Ceiling Act, 1972 – For third time,the respondent received compensation under LA Act – Appellantcontended respondent had committed a serious fraud – Held: Theamount that had been withdrawn under the LA Act, was whollyimpermissible and tantamount to playing fraud upon the legal system– As a matter of fact, compensation was taken for the land in theproceedings under the Abolition Act – Even if compensation inrespect of certain land was not payable or paid, vesting would notdepend upon the same – Land not under personal cultivation ofJagirdars had vested in the State, as such it was not open even toobtain compensation for the very same land either under theprovisions of the Ceiling Act which has been received or under theprovisions of the LA Act – It was wholly impermissible and illegaland tantamount to scam committed by fraudster – Respondentdirected to refund the compensation withdrawn under landacquisition to the appellant-State – Land Acquisition Act, 1894 –ss.18 and 30 – Himachal Pradesh Abolition of Big Landed Estatesand Land Reforms Act, 1953 – s.27 – H.P. Ceiling on Land HoldingsAct, 1972 – s.11.Word and Phrases – “Fraud” – Held: Fraud vitiates everysolemn proceeding and no right can be claimed by a fraudster onthe ground of technicalities. |
Judge | Hon'ble Mr. Justice Arun Mishra |
Neutral Citation | 2018 INSC 858 |
Petitioner | Satluj Jal Vidyut Nigam |
Respondent | Raj Kumar Rajinder Singh (dead) Through Lrs. & Ors. |
SCR | [2018] 12 S.C.R. 282 |
Judgement Date | 2018-09-24 |
Case Number | 9871 |
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