Supreme Court of India Judgements

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Category: Land Acquisition

Land Acquisition

Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013 — Section 24(2) — Interpretation of — The court clarified that for land acquisition proceedings initiated under the Land Acquisition Act, 1894 (1894 Act), to lapse under Section 24(2) of the 2013 Act, both conditions of non-payment of compensation and non-taking of possession must be fulfilled.

Jul 5, 2024 sclaw

2024 INSC 456 SUPREME COURT OF INDIA DIVISION BENCH DELHI DEVELOPMENT AUTHORITY — Appellant Vs. TEJPAL AND OTHERS — Respondent ( Before : Surya Kant, Dipankar Datta and Ujjal Bhuyan,…

Land Acquisition

Land Acquisition Act, 1894 – Section 4(1) – Determination of fair market value – The appellants, land losers, sought enhanced compensation for their lands acquired for the Hippargi Barrage project in 2007 – The initial compensation was Rs.1,31,263 per acre – The main issue was the determination of fair market value for the acquired irrigated lands – The appellants argued for compensation at the rate of Rs.5,00,000 per acre, citing a precedent where the High Court awarded this amount for similar lands – The respondent contended that the High Court erred in interpreting an affidavit related to a different acquisition in 2009, where Rs.5,00,000 per acre was awarded – The Supreme Court modified the High Court’s order, fixing the market value at Rs.4,50,000 per acre with all statutory benefits, but upheld the denial of interest for delay in filing cross-objections – The Court considered the market value agreed upon for lands acquired in 2004-2005 and applied an escalation rate to determine the compensation for the appellants’ lands acquired in 2007 – The appeals were allowed in part, setting a new compensation rate, with the order not to be treated as a precedent.

May 12, 2024 sclaw

2024 INSC 386 SUPREME COURT OF INDIA DIVISION BENCH SHRIPAL AND ANOTHER — Appellant Vs. KARNATAKA NERAVARI NIGAM LTD. AND ANOTHER — Respondent ( Before : B.R. Gavai and Sandeep…

Land Acquisition Limitation

Land Acquisition Act, 1894 – Section 18 – Limitation Act, 1963 – Section 3 – The court emphasized the importance of the law of limitation, stating that litigation must have an end and cannot be prolonged indefinitely – The court discussed the mandatory nature of Section 3 of the Limitation Act and the discretionary nature of Section 5, which allows for condonation of delay if ‘sufficient cause’ is shown – The Supreme Court upheld the High Court’s decision, dismissing the Special Leave Petition due to the petitioners’ negligence and lack of due diligence in pursuing the matter.

Apr 13, 2024 sclaw

2024 INSC 286 SUPREME COURT OF INDIA DIVISION BENCH PATHAPATI SUBBA REDDY (DIED) BY L.RS. AND OTHERS — Appellant Vs. THE SPECIAL DEPUTY COLLECTOR (LA) — Respondent ( Before :…

Constitution Land Acquisition

In the facts and circumstances noted and more particularly the fact that the appellant still claims to be in possession of the land under acquisition, writ petition preferred by the appellant should have been heard and decided on merits – Matter is remitted to the High Court of Uttarakhand

Feb 4, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH J.N. PURI — Appellant Vs. STATE OF UTTAR PRADESH (NOW STATE OF UTTARAKHAND) AND OTHERS — Respondent ( Before : B.R. Gavai and Sandeep…

Land Acquisition

Land Acquisition Act, 1894 – Sections 4 and 6 – Acquisition of land – Compensation – Court for awarding annual increase to determine the just compensation varies from case to case and the period to be applied is a major factor to be considered – In the present case would be best determined if apply 8% annual increase with cumulative effect – This is for the reason that the gap is huge i.e. 11 years. For shorter period of 3-5 years, it could have been 10% or 12% – But in no case 15% would be justified for a period of 11 years as awarded by the High Court in the impugned order – In the present case, given the 11 years gap, 8% would be considered just and proper.

Oct 24, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH THE CENTRAL WAREHOUSING CORPORATION — Appellant Vs. THAKUR DWARA KALAN UL-MARUF BARAGLAN WALA (DEAD) AND OTHERS — Respondent ( Before : Vikram Nath and…

Land Acquisition

Land Acquisition Act, 1959 – Section 52(2) – Challenge to acquisition – Failure to serve notice under Section 52(2) of the Land Acquisition Act, 1959 – Jurisdiction of Civil Court – Maintainability – Difference of opinions and the distinguishing judgments – Registry is directed to place the matter before Hon’ble the Chief Justice of India for referring the matter to a larger Bench.

Oct 22, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH URBAN IMPROVEMENT TRUST, BIKANER — Appellant Vs. GORDHAN DASS (D) THROUGH LRS. AND OTHERS — Respondent ( Before : Manoj Misra and Hrishikesh Roy,…

Land Acquisition Limitation

Limitation Act, 1963 – Section 5 – Land Acquisition Act, 1894 – Section 18 – Condonation of delay of around 479 days in presentation of an appeal from the decision of the Reference Court under section 18 of the Land Acquisition Act, 1894 – High Court’s decision to condone the delay does not suffer from any error warranting interference, such an exercise of discretion does, at times, call for a liberal and justice-oriented approach by the Courts, where certain leeway could be provided to the State – A court of appeal should not ordinarily interfere with the discretion exercised by the courts below – An appellate power interferes not when the order appealed is not right but only when it is clearly wrong.

Oct 18, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SHEO RAJ SINGH (DECEASED) THROUGH LRS. AND OTHERS — Appellant Vs. UNION OF INDIA AND ANOTHER — Respondent ( Before : Bela M. Trivedi…

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Acquittal

Penal Code, 1860 (IPC) — Sections 376 and 313 — Rape — False promise of marriage — Physical relationship with the complainant under the false promise of marriage, leading to her pregnancy and subsequent abortions — Whether the FIR should be quashed based on the allegations and the delay in filing the complaint — The petitioner argued that the relationship was consensual and the delay in filing the FIR undermines the credibility of the allegations — The respondent claimed that the petitioner deceived her with a false promise of marriage, leading to non-consensual physical relations — The Supreme Court quashed the FIR, noting the long-term consensual relationship and the lack of prima facie evidence for rape under Section 376 IPC —The Court emphasized the delay in filing the FIR and the nature of the relationship, which appeared consensual —The Court referred to previous judgments, highlighting the importance of prima facie evidence and the misuse of legal provisions —The FIR and all proceedings based on it were quashed, preventing abuse of the legal process.

Oct 21, 2024 sclaw
Acquittal

Penal Code, 1860 (IPC) — Sections 420, 468, 471 and 120-B —Prevention of Corruption Act, 1988 — Section 13(2) and 13(1)(d) — Financial misconduct and conspiracy — Whether the High Court was correct in discharging the respondent from the charges of conspiracy and financial misconduct — The CBI argued that the High Court conducted a mini-trial at the charge-framing stage and that there was sufficient suspicion to frame charges against the respondent — The respondent’s counsel argued that the material in the charge sheet did not make out a case against the respondent and that the High Court rightly discharged him —The Supreme Court upheld the High Court’s decision to discharge the respondent, stating that mere suspicion was not enough to frame charges – The Court found that the respondent’s role was limited to signing the memorandum prepared by senior officers and participating in the Management Committee meeting, which approved the proposal — The Court emphasized that the proposal had passed through various committees and that the respondent’s actions did not amount to criminal misconduct — The appeal was dismissed, and the respondent was discharged from the charges — The trial against other accused persons will continue.

Oct 21, 2024 sclaw
Municipal Laws

Patna Municipal Corporation Act, 1951 — Sections 146, 423 and 488(1) — The Patna Municipal Corporation imposed a royalty on advertisements, which was later increased — The respondents challenged this imposition, arguing it was a tax without legislative backing — Whether the royalty imposed by the Corporation was a tax and if it was legally enforceable without legislative sanction — The Corporation argued that the royalty was agreed upon by the parties and was not a tax — They contended that the enhancement of the rate was within their rights — The respondents argued that the imposition was a tax, which required legislative sanction, and the Corporation had no authority to levy it — The Division Bench quashed the enhancement, ruling that the Corporation had no power to impose the tax without legislative backing — The Court found that the royalty was not a tax but a fee agreed upon by the parties — It held that the Corporation’s actions were within the scope of the agreement — The Court distinguished between royalty and tax, emphasizing that royalty is based on an agreement, not statutory provision — The Court upheld the imposition of royalty as per the agreement but noted that the enhancement in rates was not challenged effectively — The judgment of the Division Bench was set aside.

Oct 21, 2024 sclaw
Constitution

Citizenship Act, 1955 — Section 6A — Special provisions as to citizenship of persons covered by the Assam Accord — The case involves the constitutional validity of Section 6A of the Citizenship Act 1955, which grants citizenship to certain migrants from Bangladesh to Assam —The main issues include whether Parliament had the legislative competence to enact Section 6A, and if Section 6A violates Articles 6, 7, 14, 29, and 355 of the Constitution — Petitioners argue that Section 6A is unconstitutional as it conflicts with Articles 6 and 7, adopts unreasonable cut-off dates, and violates Articles 14, 29, and 355 — Respondents contend that Section 6A is within Parliament’s legislative competence under Article 11 and does not violate the Constitution — The judgment addresses the legislative competence of Parliament, the reasonableness of cut-off dates, and the impact on Assamese cultural identity — The court examines the historical context of citizenship provisions, the legislative intent behind Section 6A, and the scope of judicial review under Article 14 — The court analyzes the constitutional provisions on citizenship, the legislative objective of Section 6A, and the balance between legislative intent and constitutional mandates —The court concludes that Section 6A of the Citizenship Act is constitutional and does not violate the cited Articles of the Constitution.

Oct 21, 2024 sclaw