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SUPREME COURT OF INDIA
STATE OF MAHARASHTRA
Vs.
MANAKCHAND PYARMAL
Decided on November 22, 1995
Land Acquisition Act - Compensation - The court directed the Land Acquisition Officer to declare the award by a certain date, pending the appeal decision in the High court.
Fact of the Case:
Notification under Section 4 (1 of the Land Acquisition Act was published, and compensation was awarded and accepted. One claimant sought reference under Section 18, and the District Judge enhanced the compensation. The State appealed the decision, and the respondents filed an application for redetermination of compensation.
Finding of the Court:
The court directed the Land Acquisition Officer to declare the award by a certain date, pending the appeal decision in the High court. The appeal was accordingly disposed of with no costs.
Issues: The main issue was the determination of compensation under the Land Acquisition Act, including the impact of the District Judge's award and the pending appeal in the High court.
Ratio Decidendi: The court decided to keep the reference application pending until the appeal in the High court is disposed of, and directed the Collector to take action based on the judgment rendered by the High court.
Final Decision: The appeal was disposed of, and the writ petition was dismissed, subject to the direction to keep the matter pending until the High court's decision.
( 1 ) LEAVE granted.
( 2 ) WE have heard learned counsel on both sides. Notification under Section 4 (1 of the Land Acquisition Act was published on 4/2/1970 acquiring a large extent of land. The Collector made the award and paid compensation which was accepted by the respondents without protest. It would appear that one of the claimants covered under the same notification sought reference under Section 18 and the District Judge, Raigarh at Alibag in Reference No. 183 of 1986 enhanced the compensation to Rslo per square metre by his award and decree dated 6/11/1987. Against the said award and decree, the State carried First Appeal No. 1038 of 1988 which was admitted on 16/2/1989 and ad interim stay of the award and decree of the District court was granted subject to certain conditions.
( 3 ) THE respondents thereon filed an application under Section 28-A (1 on 2/2/1988 for redetermination of the. amount of compensation to their lands on the basis of the said award of the District Judge. It would appear from the record that the Collector made a draft award and referred the matter to the State government for approval. At that stage the respondents filed a writ petition in the High court. A division bench of the High court by the impugned order dated 24/8/1992 directed the Land Acquisition Officer to declare the award by the end of November 1992. Thus this appeal by special leave.
( 4 ) IN view of the fact that the award of the Reference court, referred to hereinbefore, is already the subject-matter of the appeal pending decision in the High court, appropriate course would be to keep the reference application made under Section 28-A (1 pending till disposal of the appeal inthe High court. The Collector shall take action only on the basis of the judgment that may be rendered by the High court. Until then, the matter be kept pending. The writ petition stands dismissed subject to the above direction.
( 5 ) THE appeal is accordingly disposed of. No costs.
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