Supreme Court of India Judgements

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Category: Land Acquisition

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…

Land Acquisition

Land Acquisition Act, 1894 – Section 18(1) – Fixation of market value – Reference to Court – Fixation of market value in a Reference under Section 18(1) of the Land Acquisition Act, 1894 necessarily involves some guesswork – Guesswork is required to be made by adopting one of the well-recognized methods, such as the comparison method or capitalization method.

Dec 12, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SOMAN — Appellant Vs. INLAND WATERWAYS AUTHORITY OF INDIA AND ANOTHER — Respondent ( Before : Ajay Rastogi and Abhay S. Oka, JJ. )…

Land Acquisition

Land Acquisition Act, 1894 – Section 18 – Acquisition of Land – Compensation – Suppression of material facts -appellants have not disclosed the filing of the suit and its dismissal and also the dismissal of the appeal against the judgment of the civil court, the appellants have to be non-suited on the ground of suppression of material facts – They have not come to the court with clean hands and they have also abused the process of law – Therefore, they are not entitled for the extraordinary, equitable and discretionary relief.

Dec 12, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SHRI K. JAYARAM AND OTHERS — Appellant Vs. BANGALORE DEVELOPMENT AUTHORITY AND OTHERS — Respondent ( Before : S. Abdul Nazeer and Krishna Murari,…

Land Acquisition

Land Acquisition Act, 1894 – Sections 4 and 18 – Land Acquisition – Determination of Market Value/Compensation – HELD The judgment and award passed by the Reference Court in that case determining the market value/compensation at Rs.15,402/- per acre has attained the finality and the State has accepted the same by withdrawing the appeal against the said judgment and award – Therefore, in the present circumstances, the appellants shall be entitled to the compensation at Rs.15,402/- per acre – Appeal allowed.

Nov 28, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH ANIL KUMAR SOTI AND OTHERS — Appellant Vs. STATE OF U.P. THROUGH COLLECTOR BIJNORE (U.P.) — Respondent ( Before : M.R. Shah and Sanjiv…

Land Acquisition

Land Acquisition Act, 1894 – Sections 5A and 17(4) – Evidence Act, 1872 – Section 106 – Special powers in cases of urgency – HELD On an appreciation of the evidence made available by all the parties it is open to the court to conclude that no occasion arose for resorting to the power under Section 17 (4) which indeed must be read as an exception to the general rule that the acquisition of property is made after affording an opportunity the person adversely affected to demonstrate that the acquisition was unjustified.

Nov 28, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH HAMID ALI KHAN (D) THROUGH LRS. AND ANOTHER — Appellant Vs. STATE OF U.P. AND OTHERS — Respondent ( Before : K.M. Joseph and…

Land Acquisition

Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 – Section 24(1)(a) – Interpretation of -where proceedings for acquisition had been initiated under the 1894 Act but no award under Section 11 of the 1894 Act had been made, the provisions of the 2013 Act would apply limited to determination of compensation. Where, however, an award had been made under the 1894 Act, clause (b) to Section 24(1) protects the vested rights of the parties (

Nov 10, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH THE EXECUTIVE ENGINEER, GOSIKHURD PROJECT AMBADI, BHANDARA, MAHARASHTRA VIDARBHA IRRIGATION DEVELOPMENT CORPORATION — Appellant Vs. MAHESH AND OTHERS — Respondent ( Before : A.M.…

Land Acquisition

Land Acquisition Act, 1894 – Sections 4 and 6 – Enhancement of compensation – Determination of market value – Held, Land acquired for the housing project – However, at the same time one cannot lose sight of the fact that the sale deed dated 11.01.1990 was for the small parcel of the land i.e. 5 1/2 cent only – In given case even a sale deed of comparable sales of small areas also can be considered by giving suitable deductions while fixing market value –

Oct 3, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH MUNUSAMY — Appellant Vs. THE LAND ACQUISITION OFFICER — Respondent ( Before : M.R. Shah and A.S. Bopanna, JJ. ) Civil Appeal No. 398…

Land Acquisition

Land Acquisition – As per the settled preposition of law, the compensation determined for the lands acquired subsequently cannot be said to be comparable at all. Even otherwise in the facts and circumstances, the same cannot be said to be comparable because of the fact that it has come on record that in the year 1976 when the lands in question were acquired, there was no development at all, however, subsequently, after 1980 the development had taken place – Appeal are partly allowed.

Oct 2, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH AJAI PAL SINGH AND OTHERS — Appellant Vs. STATE OF UTTAR PRADESH AND ANOTHER — Respondent ( Before : M.R. Shah and A.S. Bopanna,…

Land Acquisition

Land Acquisition Act, 1894 – Sections 4 and 18 – Land Acquisition – Compensation Determination of – HELD the compensation to be awarded is (137.76/2= 69 rounded off to Rs.70 per square feet) which was the market value assessed by the Reference Court as well – Reference Court is justified in law whereas the High Court has reduced the compensation drastically without any reasonable basis – Appellant is entitled to a compensation at the rate of Rs.70/- per square feet from the date of award by the Land Acquisition Collector.

Sep 25, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SHANKARRAO BHAGWANTRAO PATIL ETC. — Appellant Vs. THE STATE OF MAHARASHTRA — Respondent ( Before : Hemant Gupta and V. Ramasubramanian, JJ. ) Civil…

Land Acquisition

Land Acquisition – Determination of market value – When the different items of property in the different survey number were acquired for the same purpose of establishing the market yard and as observed by the High Court since all the lands had the road passing beside it, a common determination of the market value was the appropriate course – Observation of High Court is justified – Appeal dismissed.

Sep 23, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH  MANMOHAN LAL GUPTA (DEAD) THRU LRS. — Appellant Vs. MARKET COMMITTEE BHIKHI AND OTHERS — Respondent ( Before : M.R. Shah and A.S. Bopanna,…

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Corporate

Validity of State rule providing for cancellation of Form C declaration — The power to prescribe the form of declaration (Form C) required under Section 8(4) of the CST Act, and the particulars to be contained therein, is conferred upon the Central Government under Section 13(1)(d) — The Central Government exercised this power by framing the Central Sales Tax (Registration and Turnover) Rules, 1957, which prescribe Form C (Rule 12(1)) but do not contain any provision empowering any authority to cancel such a declaration once issued.

Apr 19, 2025 sclaw
Bail Declined

Cancellation of Bail — Factors for Consideration — Child Trafficking — Appeals preferred by victims (kith and kin of trafficked children) assailing High Court orders granting bail to accused involved in a large-scale, organized, interstate child trafficking racket — The offences alleged involve kidnapping, buying, and selling of minor children primarily from impoverished backgrounds, punishable under Ss. 363, 311 & 370(5) IPC —High Court’s approach found to be callous, overlooking critical aspects including the organized nature of the crime and the subsequent absconding of several accused post-bail, thereby jeopardizing the trial.

Apr 16, 2025 sclaw
Specific Performance

A buyer’s continuous readiness and willingness to perform their part of an Agreement to Sell, a prerequisite for seeking specific performance, is negated by their conduct of accepting and encashing a substantial portion of the refunded earnest money/advance

Apr 15, 2025 sclaw
Service

The 18-month Diploma in Elementary Education (D. El. Ed.) programme conducted by the National Institute of Open Schooling (NIOS) through Open Distance Learning (ODL) mode, pursuant to the NCTE Recognition Order dated 22.09.2017, was a specific, one-time measure necessitated by the Right of Children to Free and Compulsory Education (Amendment) Act, 2017

Apr 15, 2025 sclaw