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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Consumer

The flat was purchased for the personal use of one of its directors and his family — The appellant created confusion by double allotment of the flat and unfairly forfeited the deposited amount —The NCDRC ruled in favor of the respondent, directing the appellant to refund the deposited amount with interest — The Supreme Court upheld this decision —The respondent was considered a consumer as the flat was for personal use — The appellant’s actions were deemed deficient and unfair due to the double allotment and premature cancellation —

Aug 29, 2024 sclaw
Anticipatory Bail Bail Granted

Anticipatory bail — Cancellation of — The appellant had his anticipatory bail cancelled without notice due to failure to plant saplings —Whether the cancellation of anticipatory bail without notice was justified The Supreme Court set aside the impugned order and allowed the appeal, granting additional time to plant 500 trees —The anticipatory bail granted to is revived, and he must deposit the cost of saplings with the Forest authorities.

Aug 29, 2024 sclaw
Anticipatory Bail Bail Granted

Penal Code, 1860 (IPC) — Sections 420 and 34 — Nature of Offence —The Court’s decision to grant bail in a case involving Sections 420 and 34 IPC indicates that while these sections pertain to serious offenses (cheating and criminal conspiracy, respectively), bail may still be granted if the circumstances of the case, such as the nature of the transaction and the relationship between the parties, warrant it.

Aug 29, 2024 sclaw
Tenders & Contracts

Power Purchase Agreement (PPA) — PPA between Bangalore Electricity Supply Company Limited, and the Hirehalli Solar Power Project LLP — The respondent sought an extension of the scheduled commissioning date (SCD) under the force majeure clause of the PPA due to delays in obtaining necessary approvals and licenses —The Karnataka Electricity Regulatory Commission (KERC) rejected the force majeure claim, but the Appellate Tribunal for Electricity (APTEL) reversed the decision, finding that the delay was not attributable to the respondent and that the force majeure clause was applicable — The Supreme Court agreed with the APTEL’s findings and dismissed the appeals — The court also rejected the appellant’s contention that the APTEL’s direction to pay late payment surcharge to the respondent was unjustified, as it was rooted in the PPA and in furtherance of the intention of the parties.

Aug 29, 2024 sclaw