Supreme Court of India Judgements

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

Category: Land Acquisition

Land Acquisition

Land Acquisition Act, 1894 – Sections 4 and 18 – Determination of compensation – HELD High Court has mechanically held that the claimants shall be entitled to the compensation considering the price/sale consideration mentioned in the Sale Deed – Impugned orders passed by High Court are hereby quashed

Mar 14, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH PRAMINA DEVI (DEAD) THR. LRS. — Appellant Vs. STATE OF JHARKHAND — Respondent ( Before : M.R. Shah and B.V. Nagarathna, JJ. ) Civil…

Land Acquisition

Land Acquisition Act, 1894 – Sections 4 and 6 – Compensation – Deduction – Held, Location of the lands acquired and that part of the acquired land abuts the National Highway and at the same time, the sale instances pertain to comparatively smaller plots as compared to the acquired lands

Mar 13, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH JAI PARKASH ETC ETC. — Appellant Vs. UNION TERRITORY, CHANDIGARH ETC ETC. — Respondent ( Before : M.R. Shah and B.V. Nagarathna, JJ. )…

Land Acquisition

Maharashtra Regional and Town Planning Act, 1966 – Sections 19, 22, 22(b), 22(c) and 31(5) – Under the MRTP Act, in the Development Plan, the Planning Authority and/or the Appropriate Authority has to make the provisions for the public purposes mentioned in Clauses (b) and (c) of Section 22 and sub-section (5) of Section 31 of the MRTP Act – in the facts and circumstances of this case, when land is found to be unsuitable and unusable for the purposes for which it has been reserved, Corporation cannot be compelled to pay a huge compensation for such a useless and unsuitable land.

Feb 26, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH THE KOLHAPUR MUNICIPAL CORPORATION AND OTHERS — Appellant Vs. VASANT MAHADEV PATIL (DEAD) THROUGH L.R.S AND OTHERS — Respondent ( Before : M.R. Shah…

Land Acquisition

Land Acquisition Act, 1894 – Acquisition of land – Notification – Once the very acquisition and the notifications under Sections 4 and 6 were the subject matter of other proceedings pending before the High Court, in order to avoid any further conflicting orders HC not to decide appeals separately. Remanded

Feb 20, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH M.P. HOUSING BOARD AND ANOTHER — Appellant Vs. SATISH KUMAR BATRA AND OTHERS — Respondent ( Before : M.R. Shah and B.V. Nagarathna, JJ.…

Land Acquisition

Land Acquisition Act, 1894 – Sections 4 and 18 – Land acquisition – Compensation – Determination of market value – High Court has erred in law in holding that since the land of the sale exemplars is of irrigated agricultural land whereas the land acquired is unirrigated, is not the reasonable yardstick to determine market value of the land as the land in question is close to already developed area – Appeal allowed.

Feb 6, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH MADHUKAR S/O GOVINDRAO KAMBLE AND OTHERS — Appellant Vs. VIDARBHA IRRIGATION DEVELOPMENT CORPORATION AND OTHERS — Respondent ( Before : Hemant Gupta and V.…

Land Acquisition

Whether the Award passed by a Lok Adalat under Section 20 of the Legal Services Authorities Act, 1987 can form the basis for redetermination of compensation as contemplated under Section 28A of the the Land Acquisition Act, 1894 – Held, An application under Section 28A of the Act cannot be maintained on the basis of an award passed by the Lok Adalat under Section 20 of 1987 Act

Feb 3, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH NEW OKHLA INDUSTRIAL DEVELOPMENT AUTHORITY (NOIDA) — Appellant Vs. YUNUS AND OTHERS — Respondent ( Before : K.M. Joseph and Pamidighantam Sri Narasimha, JJ.…

Land Acquisition

Land Acquisition Act, 1894 has been incorporated into the Bangalore Development Authority Act, 1976 -HELD High Court erred in holding that in view of the repeal of LA Act by coming into force of 2013 Act, the corresponding provisions of 2013 Act would regulate acquisition proceedings under the BDA Act and that this would include determination of compensation in accordance with 2013 Act

Jan 23, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH BANGALORE DEVELOPMENT AUTHORITY AND ANOTHER — Appellant Vs. THE STATE OF KARNATAKA AND OTHERS — Respondent ( Before : S. Abdul Nazeer and Sanjiv…

Land Acquisition

Land Acquisition Act, 1894 – Section 48(1) – Acquisition – Housing and development – Release of land – A notification under Section 48(1) does not warrant any notice or opportunity of hearing, to the original land owners – If at all any person will be aggrieved by the Notification under Section 48(1), it will be the beneficiary of the acquisition, which in this case is the Parishad, and not the land owners – Therefore, This Court can understand if the Parishad makes out a grievance that their rights were taken away by the notification under Section 48(1)

Dec 19, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH U.P. AVAS EVAM VIKAS PARISHAD THROUGH HOUSING COMMISSIONER AND ANOTHER — Appellant Vs. NOOR MOHAMMAD AND OTHERS — Respondent ( Before : Hemant Gupta…

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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