slcdailylaw
  • Home
  • Topic Search
  • Advanced Search
  • Citation Search
  • Bookmarks
  • Login
  1. Home
  2. Topic
(1) SUPREME COURT
Amount of Compensation

Land Acquisition Act, 1894—Section 30—Amount of Compensation—Apportionment of—Dispute is with respect to—Appellant claiming to be daughter of ‘C’—Claim 1/5 share in amount of compensation—Reference Court rejected the claim—Mainly on ground that as parties belonging to Scheduled Tribe Community—Provisions of Hindu Succession Act shall not be applicable—Reference Court order confirmed by High Court—Appeal against—Determination of—Under Circumstances in view of Section 2(2) Hindu Succession Act and appellant being the member of Scheduled Tribe and as female member of Scheduled Tribe is specifically excluded—Appellant is not entitled to any right to survivorship under provisions of Hindu Succession Act—Moreover has committed by  High Cou...

Appeal dismissed
(2) SUPREME COURT
Amount of Compensation

Constitution of India, 1950—Article 133—Land Acquisition Act, 1894—Section 23—Amount of compensation—The appellant had sought interest on the enhanced amount of compensation. The High Court granted this request. The Supreme Court upheld the High Court's decision, stating that the appellant should not be made to suffer due to the Court's mistake. Therefore, the appeal was allowed. ...

Allowed
(3) SUPREME COURT
Amount of Compensation

Workmens Compensation Act, 1923—Section 4A(3)—Amount of compensation—Appellants, who were the claimants for compensation, received the compensation amount—However, they did not receive any interest on the compensation amount, even though there is a provision for payment of compensation along with interest at the rate of 12% per annum under Section 4A(3) of the Workmen's Compensation Act, 1923—As a result, the appeals have been allowed, indicating that the appellants are entitled to receive interest on the compensation amount as per the provisions of the Act. ...

Allowed
(4) SUPREME COURT
Amount of Compensation

Land Acquisition Act, 1894—Section 18—Amount of compensation—Seeking enhanced compensation for their land—The Reference Court had enhanced the compensation amount for the land at the backside to Rs. 20,000 per kattha and for the land on the road side to Rs. 25,000 per kattha—Upon reviewing the sketch and considering the locality of the acquired land, which was found to be abutting a hospital and in a well-developed area, the deduction of 60% made by the Reference Court did not seem fair—The court determined that a deduction of 30% would be more appropriate—Therefore, the appeal was disposed of accordingly. ...

Disposed of
(5)
Amount of Compensation

...

Dismissed
(6) SUPREME COURT
Amount of Compensation

Constitution of India, 1950—Article 21A, 300A—Land Acquisition Act, 1894—Section 11, 18—Amount of compensation—Appellant filed appeals 308 days late against Bombay High Court's orders granting 50% interim relief on enhanced compensation in a land acquisition case. The appellant's counsel couldn't justify the delay or the need for court intervention. Despite the High Court's directive to pay 50%, the appellant can't meet the obligation and seeks a stay on payment. The court dismisses the appeal, ordering the appellant to pay the enhanced compensation within 10 weeks. Failure to comply would result in restoring possession of the land to aggrieved parties, who must refund the compensation received. ...

Dismissed
(7) SUPREME COURT
Amount of Compensation

Land Acquisition Act, 1894—Section 18, Section 4, Section 50—Appellant filed an appeal against the dismissal of a writ petition challenging the compensation rates fixed under the Land Acquisition Act 1894—The land was acquired for the development of Taj Nagri Avas Yojna Phase II—The appellant contested the rates fixed and alleged fraud by the Special Land Acquisition Officer—The court found no substance in the fraud claim, as the relied-upon agreement was a registered document with clear pricing—However, it noted that the appellant was not given an opportunity to adduce evidence in the acquisition proceedings, violating Section 50 of the Land Acquisition Act—The matter was remitted back to the Special Land Acquisition Officer for re-fixing compensation, allowing the appellant to present evidence&m...

Disposed of
(8) SUPREME COURT
Amount of Compensation

Dhillon applied for a plot with the Punjab Urban Planning and Development Authority (the Authority), claiming possession delay—The State Commission awarded compensation of Rs—9 lakhs—The National Commission, in appeal, upheld interest but reduced compensation to Rs—4 lakhs without detailed reasons—Both parties challenged the order—The court set aside the National Commission's decision, directing a fresh consideration of all issues raised, ensuring a comprehensive examination of evidence—The National Commission was instructed to assess damages judiciously—The court urged expeditious resolution, not exceeding six months—The appeals were allowed without costs. ...

Allowed
(9) SUPREME COURT
Amount of Compensation

...

Appeal disposed of
(10) SUPREME COURT
Amount of Compensation

Land Acquisition Act, 1894—Section 28, Section 34—Amount of compensation - Jurisdictional issue regarding award of interest—High Court erred in directing 18% interest from date of possession—Statutory provisions cover entire field of interest payment—Court cannot impose conditions exceeding statutory rates and periods—Distinction from common law principles—Pre-notification possession not covered for interest payment—Appeal allowed, interest set at 9% from specified date—State urged to consider damages for use and occupation. ...

Appeal allowed
slcdailylaw

Tomar Publication

561, Sec-2, Jagriti Vihar, Meerut-250004

0121 3561932, +91 9458 5523 61

tomarpublication999@gmail.com

Terms & Conditions | Privacy Policy

© SLC Daily law all right reserved.