Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act 2013 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (30 of 2013) |
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Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Directions Issued |
Headnote | Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013: Legislative intendment of the enactment – Held: The Act addresses the concern of farmers and of those whose livelihood is dependent upon the land being acquired, while at the same time facilitating land acquisition for myriad reasons, including urbanization, rural electrification et al., in a timely and transparent manner. (Per majority) s.24(1) – Word ‘paid’ – Connotation of – Held: The word ‘paid’ in s.24 of the Act of 2013 has the same meaning as ‘tender of payment’ in s.31(1) of the Act of 1894 – They carry the same meaning – The expression ‘deposited’ in s.31(2) is not included in the expressions ‘paid’ in s.24 of the Act of 2013 or in ‘tender of payment’ used in s.31(1) of the Act of 1894 – The words ‘paid’/tender’ and ‘deposited’ are different expressions and carry different meanings within their fold – Land Acquisition Act, 1894 – s.31(1), (2). (Per majority) s.24(2) – Failure to deposit compensation, effect – Nondeposit of compensation in court under s.31(2) of the Act of 1894 does not result in a lapse of acquisition under s.24(2) of the Act of 2013 – Due to the failure of deposit in court, the only consequence at the most in appropriate cases may be of a higher rate of interest on compensation as envisaged under s.34 of the Act of 1894 and not lapse of acquisition – Land Acquisition Act, 1894 – s.31(2). (Per majority) s.24(2). |
Judge | Hon'ble Mr. Justice Arun Mishra Hon'ble Mr. Justice Mohan M. Shantanagoudar |
Neutral Citation | 2018 INSC 115 |
Petitioner | Indore Development Authority |
Respondent | Shailendra (dead) Through Lrs & Ors |
SCR | [2018] 2 S.C.R. 1 |
Judgement Date | 2018-02-08 |
Case Number | 20982 |
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