Supreme Court of India Judgements

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Category: Land Acquisition

Land Acquisition

Acquisition proceedings – Enhancement of compensation – Non adequate Compensation – Appellant is entitled for compensation for 2 hectares of land in reference to which compensation has not been awarded under the impugned judgment at the rate of Rs. 1,00,000/­ per hectare along with statutory entitlement to the claimant/appellant as referred to by the High Court in para (viii) till realization under the impugned judgment.

Sep 18, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH BHUPENDRA RAMDHAN PAWAR — Appellant Vs. VIDARBHA IRRIGATION DEVELOPMENT CORPORATION, NAGPUR AND OTHERS ETC. — Respondent ( Before : Ajay Rastogi and Abhay S.…

Land Acquisition

Tamil Nadu State legislature had legislative competence to enact Tamil Nadu Land Acquisition Laws (Revival of Operation, Amendment and Validation) Act, 2019 and is not inconsistent with Article 254 of the Constitution of India. HELD “We hold the 2019 Act to be a legitimate legislative exercise and find it to be consistent with and within the four corners of Article 254 of the Constitution of India and also of the High Court judgment.”,

Jun 29, 2021 sclaw

State legislature had legislative competence to enact retrospective validating Act As regards the competency of legislature to enact a retrospective validating Act, the bench referred to precedents and noted the…

Land Acquisition

Mere amendment in property cards of City Survey Office mutating names of petitioners does not create title–Nothing on record to show delivery of possession to them by receiver–Acquisition proceedings, held, not bad for want of notice–Maharashtra Regional and Town Planning Act, 1996, Sections 83(3) and 86(2).

Jun 13, 2021 sclaw

2009(2) LAW HERALD (SC) 751 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice V.S.Sirpurkar The Hon’ble Mr. Justice Lokeshwar Singh Panta Civil Appeal No. 6712 of 2008…

Land Acquisition

Market value – Determination – Rate of price escalation – for determining the market value of a land acquired in 1992, adopting the annual increase method with reference to a sale or acquisition in 1970 or 1980 may have many pitfalls. This is because, over the course of years, the “rate” of annual increase may itself undergo drastic change apart from the likelihood of occurrence of varying periods of stagnation in prices or sudden spurts in prices affecting the very standard of increase.

Apr 11, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH VED AND ANOTHER — Appellant Vs. STATE OF HARYANA AND ANOTHER — Respondent ( Before : Uday Umesh Lalit and Vineet Saran, JJ. )…

Land Acquisition

Land Acquisition Act, 1894 – Section 4 – Acquisition proceedings – Re-notification – If land already stands acquired by Government and if the same stands vested in Government there is no question of acquisition of such a land by issuing a second notification for the Government cannot acquire its own land –

Feb 2, 2021 sclaw

1/5 SUPREME COURT OF INDIA DIVISION BENCH ASSAM INDUSTRIAL DEVELOPMENT CORPORATION LTD — Appellant Vs. GILLAPUKRI TEA COMPANY LIMITED AND OTHERS. ETC — Respondent ( Before : S. Abdul Nazeer…

Land Acquisition

Original claimants are permitted to withdraw 25% of the enhanced amount of compensation, as awarded together with proportionate interest and cost, without furnishing any security and the balance 75% together with proportionate cost and interest, as awarded is permitted to be invested in a fixed deposit in any nationalised bank with cumulative interest, it will meet the end of justice and take care of the interest of both the parties.

Jan 5, 2021 sclaw

SUPREME COURT OF INDIA FULL BENCH NAYARA ENERGY LIMITED — Appellant Vs. THE STATE OF GUJARAT AND OTHERS — Respondent ( Before : Ashok Bhushan, R. Subhash Reddy and M.R.…

Land Acquisition

Appellants pleaded fraud on part of Gaon Sabha in support of appeal and sought reversal of High Court judgement in RSA. HELD It is fairly well settled that fraud has to be pleaded and proved. More so, when a judgment and decree passed earlier by the competent court is questioned, it is necessary to plead alleged fraud by necessary particulars and same has to be proved by cogent evidence. Appeal dismissed

Aug 14, 2020 sclaw

Appellants pleaded fraud on part of Gaon Sabha in support of appeal and sought reversal oh High Court judgement in RSA. HELD It is fairly well settled that fraud has to…

Land Acquisition

Gujarat Urban Land (Ceiling and Regulation) Act, 1976 – Sections 6, 9, 10, 10(5) and 20(1)(a) – Physical possession – The settled legal position that it is difficult to take physical possession of the land under compulsory acquisition – HELD Subsequent thereto, the retention of possession would tantamount only to illegal or unlawful possession.HELD that the writ petition filed in the year 2001 by the appellants with limited relief of questioning the Possession Panchnama dated 20.3.1986, suffered from laches.

May 8, 2020 sclaw

  SUPREME COURT OF INDIA DIVISION BENCH KAPILABEN AMBALAL PATEL AND OTHERS — Appellant Vs. STATE OF GUJARAT AND ANOTHER — Respondent ( Before : A.M. Khanwilkar and Dinesh Maheshwari,…

Land Acquisition

Land Acquisition Act, 1984 – Sections 4, 6 and 11 – Deduction – Since the land was acquired for the construction of Hiwra Dam project, much of the development like in the case of a layout for housing colony is not required – 40% deduction made by the High Court appears to be on the higher side

Mar 18, 2020 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SAJAN — Appellant Vs. STATE OF MAHARASHTRA AND OTHERS — Respondent ( Before : R. Banumathi and A.S. Bopanna, JJ. ) Civil Appeal Nos.…

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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