SUPREME COURT OF INDIA
SABYASACHI MUKHARJI AND S. RANGANATHAN, JJ.
Bihar State Housing Board, State of Bihar and others, Appellants
Versus
Ban Bihari Mahato and others, Respondents.
Civil Appeals Nos. 1005-6 of 1988 (arising out of SLP (C) Nos. 10341 and 10015 of 1987), D/-21-3-1988.
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 –Held, Such compensation to be determined by the Land Acquisition Collector in accordance with law within a period of six months from this date – After determining such compensation, subject to any legal objections if any, the compensation should be paid to the respondents within three months thereafter – Respondents will make their claims and the parties will appear before the Special Land Acquisition Officer – Adityapur Industrial Area Development Authority, Adityapur (Jamshedpur) – Order accordingly.
Judgment
JUDGMENT:- 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.
Order accordingly.
For Citation : AIR 1988 SC 2134
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