1999(10) Supreme 180
SUPREME COURT OF INDIA
(From Madras High Court)
Dr. A.S. Anand, CJI., M. Jagannadha Rao and V.N. Khare, JJ.
G. Rajendran & Ors. -Appellants
versus
Special Tahsildar, Tamil Nadu -Respondents
Civil Appeal Nos. 6997-7002 of 1999
(Arising out of SLP (C) Nos. 2139-44 of 1992)
With
Civil Appeal Nos. 7003-7085 of 1999
Arising out of SLP (C) Nos. 5251-52/96, 6219/96, 7795-7796/96, 8881/96, 9457/96, 9460-69/96, 11284-86/96, 10619-32/96, 10847/96, 10935-49/96, 10974-82/96, 10886-95/96, 10669- 75/96, 21891-97/97
Decided on 7-12-1999
Counsel for the Parties :
For the Appearing Parties : K.N. Rawal, ASG, U.N. Rao, A.K. Ganguly, Sr. Advocate, R. Venkatajalapathy, S. Srinivasan, V. Krishnamurthy, K.K. Mani, S. Prasad, G. Umapathy, K. Swami, V.G. Pragasam, P. Gaur, Ms. Revathy Reghvan, P.N. Ramalingam, A.T.M. Sampath, V. Balaji V. Balachandran, Advocates.
JUDGMENT
Leave granted.
2. This batch of 89 civil appeals have a chequered history. We are, however, relieved of the necessity to trace out the history because of the view that we propose to take and which view has already been indicated to learned counsel for the parties.
3. For the expansion of the existing mines and dumping yard for Neyveli Lignite Corporation (hereinafter referred to as the Corporation ), lands were acquired in various villages in South Arcot District. Notifications under Section 4(i) of the Land Acquisition Act, 1984 were published between 1975 to 1978. The Land Acquisition Officers made Awards on different dates. A large number of References were filed under Section 18 of the Land Acquisition Act by the land holders subsequently. The learned Sub-Judge allowed the References by enhancing the rate of compensation for (1) Wetlands; (2) Irrigated Dry Lands; (3) Drylands; (4) House Sites; and (5) Cashew Thope. Against the enhancement of compensation, the Government filed appeals in which conditional stay was granted by way of an interim order by the High Court. Against the said order, the Corporation filed 63 Special Leave Petitions in this Court during 1986-1988. Those Appeals were disposed of by a common order on 16th March, 1989 with the following directions :
(1) The Corporation shall deposit 40% of the enhanced compensation and the claimants can withdraw the same without security.
(2) The Corporation shall directly pay 50% of the enhanced compensation, on security to the satisfaction of the Registrar High Court.
(3) The balance 10% to be retained by the Corporation till disposal of the Appeals.
4. While the matters rested thus in this Court, it appears the Corporation filed 84 Writ Petitions seeking quashing of the Award of the Award of the learned Sub-Judge (Reference Court). The Writ Petitions were disposed of by a Full Bench on 28th April, 1989. It was held inter-alia that the Corporation was not a person interested and therefore was not required to be heard in the matter of fixation of compensation.
5. Special Leave Petitions were filed in this Court against the Full Bench judgment of the High Court. The Appeals were allowed by this Court by the judgment reported as Neyveli Lignite Corporation v. Special Tehsildar1 holding that the Corporation is a person interested . The matters were remanded to the High Court with a direction that the Writ Petitions be treated as Appeals and that the Corporation be impleaded as a party respondent in the pending References also. Some of the Appeals were decided by a Division Bench of the High Court on 10th June, 1991. The High Court reduced the rate of compensation in respect of Cashew Thope Lands, House Sites and Manavari Dry Lands.
6. Against the judgment of the High Court dated 10th June, 1991, the claimant-land holders filed six Special Leave Petitions in this Court. The Corporation filed seven appeals. After 1995, another Division Bench of the High Court disposed of the remaining appeals pending in the High Court. It refused to remand the matters to the Reference Court as requested by the Corporation. It decided the States appeals on merits, after hearing the Corporation, but fixed the same rates as were fixed by the Bench which decided some appeals earlier on 10.6.91, but two additional categorisations of land were made. Since, the High Court had rejected the prayer of the Corporation to remand the matters to the Reference Court to enable the Corporation to adduce evidence, the Corporation filed 83 Special Leave Petitions against that order in this Court. That is how, in all, these 89 Special Leave Petitions, in which leave is granted, are before us.
7. Keeping in view the fact that the lands stand acquired vide Notifications issued between 1975 to 1978 and that the possession had already been taken by the Corporation, after following the necessary formalities and the parties have been litigating for almost q
The main legal point established in the judgment is the binding effect of the settlement between the parties, the waiver of the right to seek re-employment by the workmen, and the entitlement of the ....
A lockout is justified if it is declared in response to an illegal strike or a strike that is in breach of a settlement or award.
The combination of eyewitness testimonies, recovery of the weapon used, and forensic examination results can establish guilt in criminal cases, even based on circumstantial evidence.
The conviction of an accused person under Section 27(3) of the Arms Act is not permissible in law if the accused is also charged with committing murder under Section 302 of the Indian Penal Code.
The court can enhance compensation based on the deceased's income and family dependency, and adjust the multiplier used by the Tribunal if found unjustified.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.