Bihar State Housing Board, State Of Bihar And Others
v.
Ban Bihari Mahato And Others
(Supreme Court Of India)
Civil Appeal No. 1005-6 Of 1988 | 21-03-1988
1. Special leave granted and the appeals are disposed of hereunder.
2. In view of the peculiar facts and circumstances of these cases in respect of the entire land involved in both the appeals we are setting aside the findings of the High Court without deciding the legality of the question determined by the High Court and having regard to the facts and circumstances of these cases and in view of the public interest involved, in our opinion, the appropriate Order would be to uphold the acquisitions made already subject to the following conditions :
1. That the compensation for the said acquisitions should be paid as if the acquisitions were made as on 1-3-1988.
2. Such compensation to be determined by the Land Acquisition Collector in accordance with law within a period of six months from this date.
3. After determining such compensation, subject to any legal objections if any, the compensation should be paid to the respondents within three months thereafter.
3. The respondents will make their claims and the parties will appear on 16-4-1988 before the Special Land Acquisition Officer. Adityapur Industrial Area Development Authority, Adityapur (Jamshedpur).
4. The appeals are disposed of accordingly.
5. Order accordingly.
2. In view of the peculiar facts and circumstances of these cases in respect of the entire land involved in both the appeals we are setting aside the findings of the High Court without deciding the legality of the question determined by the High Court and having regard to the facts and circumstances of these cases and in view of the public interest involved, in our opinion, the appropriate Order would be to uphold the acquisitions made already subject to the following conditions :
1. That the compensation for the said acquisitions should be paid as if the acquisitions were made as on 1-3-1988.
2. Such compensation to be determined by the Land Acquisition Collector in accordance with law within a period of six months from this date.
3. After determining such compensation, subject to any legal objections if any, the compensation should be paid to the respondents within three months thereafter.
3. The respondents will make their claims and the parties will appear on 16-4-1988 before the Special Land Acquisition Officer. Adityapur Industrial Area Development Authority, Adityapur (Jamshedpur).
4. The appeals are disposed of accordingly.
5. Order accordingly.
Advocates List
For
For Petitioner
- Shekhar Naphade
- Mahesh Agrawal
- Tarun Dua
For Respondent
- S. Vani
- B. Sunita Rao
- Sushil Kumar Pathak
Bench List
HON'BLE JUSTICE SABYASACHI MUKHARJI
HON'BLE JUSTICE S. RANGANATHAN
Eq Citation
1989 PLJR 4
AIR 1988 SC 2134
JT 1988 (1) SC 617
LQ/SC/1988/181
HeadNote
Land Acquisition and Requisition — Compensation — Enhancement of — Land Acquisition Collector directed to determine compensation in accordance with law within six months from date of Supreme Court's order — Compensation to be paid to respondents within three months thereafter — Public interest involved — Land Acquisition Act, 1894, Ss. 23 and 28
Thank you for subscribing! Please check your inbox to opt-in.
Oh no, error happened! Please check the email address and/or try again.