Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1894: ss.23(1) 23(1A) 23(2) Land Acquisition Act 28 |
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: ss.23(1), 23(1A), 23(2), 28 -Acquisition of 36 acre of land in Mussorie - For extension of Lal Bahadur Shastri National Academy - Award of compensation - Enhanced by reference court - High Court applying principle of belting area held that land in Mussorie is sloppy and hilly and, therefore, for assessing true market value, flat rate cannot be applied for entire 36 acres and also rejected claim of 12% additional compensation u/s.23(1A) and interest @ 15% p.a. as provided under proviso to s.28 - Held: High Court noticed that Mussoorie is an important tourist place and it is the land of immense potential value, but without any basis or pleadings, presumed that total land in Mussoorie is sloppy and hilly - High Court also accepted that the market value of the land in question is Rs. 54,896/- per acre as decided by the reference court; therefore in absence of any pleading on the part of State, it was not open for the High Court to apply the principle of belting area - It is not disputed that the site of new town of the acquired land is almost at the same elevation as Mussoorie as it has been developed as a Hill resort and has immense potential value - It was adjacent to the Lal Bahadur Shastri National Academy, which was the beneficiary of such acquisition - For the said reason, the part of the impugned judgment in so for as it related to the valuation of land is set aside and the award passed by the reference court is upheld - The reference court awarded enhanced compensation but deposited the amount in the Court after expiry of one year - In the circumstances, the appellants are also entitled to interest @ 15% p.a. under proviso to s.28 of the Act - High court failed to notice that the provisions of s.23(1A) of the Act are mandatory and the claimants-appellants are also entitled to 12% enhanced compensation for the period commencing from the date of publication of Notification u/s. 4 of the Act.ss.23(1), 23(1A), 23(2), 28 - In the scheme of the Act, it is seen that the award of compensation is at different stages - The first stage occurs when the award is passed - Obviously, the award takes in all the amounts contemplated by ss.23(1), 23(1-A), 23(2) and the interest contemplated by s.34 of the Act - The second stage occurs on a reference u/s. 18 of the Act - When the reference court awards enhanced compensation, it has necessarily to take note of the enhanced amounts payable u/s.23(1), s.23(1-A), s.23(2) and interest on the enhanced amount as provided in s. 28 of the Act and costs in terms of s. 27 - The Collector has the duty to deposit these amounts pursuant to the deemed decree thus passed - This has nothing to do with the earlier deposit made or to be made under and after the award - If the deposit made, falls short of the enhancement decreed, there can arise the question of appropriation at that stage, in relation to the amount enhanced on the reference. |
Judge | Hon'ble Mr. Justice S.J. Mukhopadhaya |
Neutral Citation | 2014 INSC 446 |
Petitioner | Jai Krishan (d) Tr. Lrs. |
Respondent | State Of Uttarakhand & Ors. |
SCR | [2014] 6 S.C.R. 996 |
Judgement Date | 2014-07-01 |
Case Number | 5889-5893 |
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