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M. M. SUNDRESH, NONGMEIKAPAM KOTISWAR SINGH
Government Of Tamil Nadu, Rep. By Its Secretary, Transport Department – Appellant
Versus
P. R. Jaganathan & Ors Etc. – Respondent
| Table of Content |
|---|
| 1. contract governs compensation under 1997 act (Para 5 , 6 , 7 , 8) |
| 2. background of land acquisition and agreements (Para 9 , 10 , 11 , 12 , 13 , 14) |
| 3. parties' arguments on compensation and interest (Para 18 , 19 , 20) |
| 4. analysis of contractual obligations and interest (Para 21 , 22 , 23 , 24) |
| 5. supreme court decision on the appeal (Para 25 , 26) |
JUDGMENT :
1. Leave granted.
3. The issue for consideration in these appeals is: Whether a party to a concluded contract, voluntarily and statutorily entered into, can seek further relief by taking refuge under the statutory provisions?
Section 7 of the 1997 Act
Section 12 of the 1997 Act
5. Section 7 of the 1997 Act is an exhaustive provision dealing with the determination of amount of compensation to be paid to the landowner or person interested over an acquired land. Sub-section (2) of Section 7 of the 1997 Act encourages and facilitates the determination of the amount payable to the owner or person interested through an agreement with the Government. It further stipulates that upon such an agreement, the resultant amount will have to be paid only as per the terms agreed, thereunder. Under sub-section (3) of Section 7 of
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