| 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 |
| Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 |
| Case Type | Appeal |
| Court | Supreme Court of India |
| Disposal Nature | Appeal Allowed |
| Headnote | Land Acquisition – Statutory benefits and interest for the delayed period in approaching the High Court – Respondents/ original claimants claimed parity in compensation with other land owners – There was a huge delay of five and a half years in preferring the appeals by the original claimants before the High Court challenging the judgment and award passed by the Reference Court – The High Court enhanced the amount of compensation at par with the other land owners/claimants and condoned the delay of five and a half years – Appellants contended that there was a huge delay and same was not required to be condoned by the High Court – Appellants further contended that the High Court ought not have awarded the statutory benefits and the interest for the delayed period – On appeal, held: Considering the fact that in other matters the delay was condoned, the High Court condoned the delay and entertained the appeals and enhanced the amount of compensation at par with other land owners/claimants whose lands were acquired for the same project vide the same notification – There was no fault with the order passed by the High Court in condoning delay – Further, the order condoning the delay had attained finality as the same was not challenged – Insofar as the statutory benefits and the interest for the delayed period is concerned, while condoning the delay in preferring the appeal, the Supreme Court in various cases has denied the interest on the enhanced amount of compensation for the period of delay in approaching the High Court – Merely because at the time of condoning delay no such condition was imposed that the claimants shall not be entitled to the interest on the enhanced amount of compensation for the period of delay, the appellant who was otherwise a public body cannot be saddled with liability to pay the interest for the period of delay, which was not at all attributed to them – Under the circumstances, the order of the High Court modified to the extent denying the interest to the respondents/original claimants on the enhanced amount of compensation for the period of delay in preparing appeals. |
| Judge | Hon'ble Mr. Justice M.R. Shah |
| Neutral Citation | 2020 INSC 45 |
| Petitioner | The Executive Engineer, Nimna Dudhna Project, Selu, District Parbhani, Maharashtra The State Of Maharashtra & Others Etc. Etc. |
| Respondent | The State Of Maharashtra & Others Etc. |
| SCR | [2020] 1 S.C.R. 84 |
| Judgement Date | 2020-01-15 |
| Case Number | 246-255 |
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