Supreme Court of India Judgements

46660 Judgements hosted as on 19/11/2024 - Search (FREE), Subscribe, Read & Download

Category: Land Acquisition

Land Acquisition

Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 – Section 24 – Additional amount of penal interest must be paid in place of shifting the date for determination of the amount of compensation or to determine the compensation as per 2013 Act.

May 15, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH REDDY VEERANA — Appellant Vs. STATE OF UTTAR PRADESH AND OTHERS — Respondent ( Before : Vineet Saran and J.K. Maheshwari, JJ. ) Civil…

Land Acquisition

HELD the ground on which the High Court had allowed the review applications was thereafter not available. Under the circumstances, and in view of the subsequent development, which was even pointed out to the High Court while filing the recall application being CMA No. 23091/2017, the order(s) passed by the High Court in Review Petition Nos. 309/2008 and 310/2008 deserve(s) to be quashed and set aside. All appeals allowed.

Apr 24, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SH. RAM CHANDER (DEAD) THR LRS — Appellant Vs. UNION OF INDIA — Respondent ( Before : M.R. Shah and B.V. Nagarathna, JJ. )…

Land Acquisition

Land Acquisition Act, 1894 – Section 18 – Maharashtra Industrial Development Act, 1961 – Sections 32(2) and 34 – Acquisition of land – Enhancement of compensation – Future use of the acquired land cannot be the main criteria to determine the compensation for the lands acquired

Apr 23, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH RAMRAO SHANKAR TAPASE — Appellant Vs. MAHARASHTRA INDUSTRIAL DEVELOPMENT CORPN. AND OTHERS — Respondent ( Before : M.R. Shah and B.V. Nagarathna, JJ. )…

Land Acquisition

Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 – Section 24(2) – Lapse of Acquisition proceedings – In case a person has been tendered the compensation as provided under Section 31(1) of the 1894 Act, it is not open to him to claim that acquisition has lapsed under Section 24(2) due to nonpayment – The period of subsistence of interim orders passed by court has to be excluded in the computation of five years.

Apr 9, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH DELHI DEVELOPMENT AUTHORITY — Appellant Vs. RAJ AN SOOD AND OTHERS — Respondent ( Before : M.R. Shah and B.V. Nagarathna, JJ. ) Civil…

Land Acquisition

Maharashtra Regional and Town Planning Act, 1966 – Sections 31(6) and 126 -The land owner cannot be deprived of the use of the land for years together. Once an embargo has been put on a land owner not to use the land in a particular manner, the said restriction cannot be kept open-ended for indefinite period – Appeal allowed.

Mar 30, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH LAXMIKANT AND OTHERS — Appellant Vs. STATE OF MAHARASHTRA AND OTHERS — Respondent ( Before : Hemant Gupta and V. Ramasubramanian, JJ. ) Civil…

Land Acquisition

Land owners having had the benefit of interim orders granted in their favour in proceedings initiated by them against the acquisition cannot take benefit under Section 24(2) of the Act, 2013 – High Court or the civil courts which may have granted interim orders in favour of the land owners, ought to consider the aforesaid aspect before applying Section 24(2) of the Act, 2013 in favour of the land owners.

Mar 29, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH THE AGRICULTURAL PRODUCE MARKETING COMMITTEE, BANGALORE — Appellant Vs. THE STATE OF KARNATAKA AND OTHERS — Respondent ( Before : M.R. Shah and B.V.…

Land Acquisition

A consent award cannot be the basis to award and/or determine the compensation in other acquisition, more particularly, when there are other evidences on record – There may be different market prices/compensation with respect to different lands, may be in the same village and/or nearby location – remand the matter to the High Court

Mar 29, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SPECIAL LAND ACQUISITION OFFICER AND OTHERS — Appellant Vs. N. SAVITHA — Respondent ( Before : M.R. Shah and B.V. Nagarathna, JJ. ) Civil…

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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