Back
SUPREME COURT OF INDIA
Kurian Joseph, Rohinton Fali Nariman, JJ.
Mysore Minerals Ltd. - Appellant
Versus
Fakeerappa and Anr. - Respondents
Civil Appeal No. 10394 of 2016 (Arising out of SLP (C) No. 31734 of 2016) (Arising out of CC No. 19583 of 2016)
Decided On : 24-10-2016
Land Acquisition - Review Petition - Compensation
Fact of the Case:
The appellant, beneficiary of the land acquisition, was not a party before the High Court and the Reference Court. The appeal was filed due to the major grievance on the enhancement of compensation by the High Court.
Finding of the Court:
The court granted permission to file a special leave petition, condoned the delay, and granted leave. The appellant was permitted to file a review petition before the High Court, and no coercive steps for execution of the impugned order passed by the High Court were allowed till the expiry of thirty days.
Issues: Beneficiary not being a party before the High Court and the Reference Court, enhancement of compensation by the High Court, permission to file a review petition, and stay on coercive steps for execution of the impugned order.
Ratio Decidendi: The court's decision was influenced by the fact that the appellant was not a party before the High Court and the Reference Court, and the major grievance was related to the enhancement of compensation by the High Court. The court allowed the appellant to file a review petition and granted a stay on coercive steps for execution of the impugned order.
Final Decision: The appeal was disposed of with the above directions.
JUDGMENT :
Kurian, J.
Permission to file special leave petition is granted.
2. Delay condoned.
3. Leave granted.
4. This appeal has been filed by the beneficiary of the land acquisition in dispute.
5. It is seen that the appellant herein was not a party before the High Court and in the Reference Court as well.
6. Be that as it may, since the major grievance appears only on the enhancement of compensation by the High Court, we permit the appellant to file a review petition before the High Court.
7. In case such a review petition is filed within thirty days from today, the same may not be dismissed on the ground of delay.
8. Till the expiry of thirty days, no coercive steps shall be taken for execution of the impugned order passed by the High Court.
9. In view of the above, the appeal is disposed of.
AI
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
