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DIPAK MISRA, A. K. SIKRI, A. M. KHANWILKAR, D. Y. CHANDRACHUD, ASHOK BHUSHAN
Indore Development Authority and Etc. – Appellant
Versus
Shyam Verma – Respondent
ORDER :
Heard Mr. Tushar Mehta, learned Additional Solicitor General, Mr. Vikas Singh and Mr. P.S. Patwalia, learned senior counsel for the petitioners and Mr. Mukul Rohatgi, Mr. Shyam Divan, Mr. C.U. Singh, Mr. Sushil Kumar Jain and Mr. Dinesh Dwivedi, learned senior counsel for the respondents.
2. A three-Judge Bench of this Court in Pune Municipal Corporation and another v. Harakchand Misirimal Solanki and others, (2014) 3 SCC 183, had delivered a judgment interpreting Sections 24(1) & (2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for brevity, 'the 2013 Act').
3. In Yogesh Neema and others v. State of Madhya Pradesh and others, (2016) 6 SCC 387, a two-Judge Bench doubting the decision rendered in Sree Balaji Nagar Residential Assn. v. State of Tamil Nadu, (2015) 3 SCC 353, referred the matter to a larger Bench. When the matter stood thus, a two-Judge Bench vide order dated 07.12.2017 in C.A.No.20982 of 2017 @ SLP(C)No.2131 of 2016 (Indore Development Authority v. Shailendra (Dead) through Lrs. & Ors.) thought it appropriate to refer the matter to a larger Bench. The order passed in that regard reads as follows
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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.
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