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2022 Supreme(Kar) 242

SURAJ GOVINDARAJ
Manohar Patel. R – Appellant
Versus
Union Of India Ministry Of Road Transport & Highways New Delhi, Rep. By Its Secretary – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Sri. Clifton D. Rozario, Advocate And Smt. Maitreyi Krishnan, Advocate, Smt. Avani Chokshi, Advocate
For the Respondent:Sri. Nithyananda.K.R, Aga, Sri. Thimmanna Bhat, Cgc, Sri. Udaya Holla, Sr. Counsel For Sri. Sreenath.V.K, Advocate

ORDER :

IN W.P. No.10103/2020:

1. The petitioners are before this Court seeking for the following reliefs:

    a. Issue an appropriate writ, order or direction in the nature of mandamus directing the 3rd Respondent to comply with the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 insofar as the rehabilitation and resettlement entitlements of the Petitioners including the First, Second and Third Schedule.

b. Issue an appropriate writ, order or direction to the 2nd Respondent to suspend the operation of the Revised Award Notices dates 24.06.2020 (placed as Annexures J1-J8), the Award dated 26.12.2018 (placed as Annexure-H), dated 26.12.2018, the Official Reminder dated 30.06.2020 (placed as Annexure-P), and Official Reminders dated 02.07.2020 (placed as Annexure-Q1 to Q7), until the respondents comply with the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 insofar as the rehabilitation and resettlement entitlements of the Petitioners

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                        Judicial Analysis

                        None of the cases explicitly state that they have been overruled, reversed, or explicitly treated as bad law based on the language provided. There are no phrases such as "overruled," "reversed," "overruled by subsequent decision," or "bad law" indicating negative treatment. Therefore, based solely on the provided list, no case is definitively identified as bad law or overruled.

                        [Followed / Affirmed Treatment]

                        <00100021467>: The case discusses the Supreme Court's inherent jurisdiction to correct errors in subsequent proceedings, implying a reaffirmation of its authority rather than a negative treatment.

                        <00100007816>: Clarifies the concept of "per incuriam" in legal decisions, which is a standard legal principle, suggesting acceptance rather than criticism.

                        <00100049483>: States that the Maharashtra Regional and Town Planning Act, 1966, is a self-contained code, reflecting an authoritative stance.

                        <00100026902>: Emphasizes the importance of considering larger public interest in administrative review under Article 226, indicating a guiding principle rather than a negative treatment.

                        <00300009319>: Affirms the binding nature of the Full Bench decision in Excellent Education Society's case, indicating respect for precedent.

                        <00100034626>: Discusses the need for a committee in policy implementation, which appears to be a procedural guideline rather than a treatment of law.

                        <00100041177>: Reinforces the importance of strict compliance with statutory mandates, a standard judicial principle.

                        <00500004024>: Recognizes the necessity of detention orders even when the petitioner is in custody, affirming the law's application.

                        <00100053738>: States that statutes requiring specific procedures must be followed strictly, a standard principle.

                        <00100064026>: Explains solatium as part of compensation, reflecting accepted legal principles.

                        <00100066452>: Affirms that the State must pay compensation when acquiring private property, consistent with constitutional protections.

                        [Distinguished / Clarified Treatment]

                        <00100064026>: Clarifies that compensation without solatium and interest is not unconstitutional, thereby distinguishing particular statutory provisions.

                        <00100063940>: Clarifies the precedence of NHAI Act over Arbitration and Conciliation Act in land acquisition, establishing specific statutory interpretation.

                        <00100007842>: Clarifies that absence of solatium and interest provisions does not violate Article 14, clarifying constitutional applicability.

                        <00100005339>: Clarifies that election petitions in Hindi are valid and defects in verification are curable, reinforcing procedural clarity.

                        <00100063733>: Clarifies that contractual jurisdiction clauses do not oust jurisdiction of courts, emphasizing legal interpretation.

                        <00100046611>: Clarifies that courts have jurisdiction in cases based on constitutional or natural justice principles, affirming judicial authority.

                        <00100001846>: Clarifies the inviolability of constitutional jurisdiction of High Courts and Supreme Court, emphasizing constitutional hierarchy.

                        <00500009689>: Explains the procedure for recording information under TADA, clarifying procedural requirements.

                        <00100049483>: States that Town Planning Act is a self-contained code, clarifying statutory scope.

                        [Other Treatment Patterns]

                        <00100042099>: The case deals with personal obligations and property rights, with no indication of subsequent treatment or judicial treatment pattern.

                        <00100007407>: Clarifies that a draft plan does not impose an embargo under a specific section, with no indication of subsequent treatment.

                        <00100053738>: Emphasizes procedural compliance, with no subsequent treatment indicated.

                        <00100049483>: Reiterates statutory scope, with no evidence of subsequent treatment.

                        <00100066452>: Restates principles of compensation, no indication of being overruled or criticized.

                        <00100026902>: Discusses judicial discretion in administrative review, no subsequent treatment indicated.

                        <00100034626>: Addresses policy implementation, no subsequent treatment indicated.

                        <00100041177>: Emphasizes statutory compliance, no subsequent treatment.

                        <00500004024>: Discusses detention necessity, no subsequent treatment.

                        <00100053738>: Reinforces procedural adherence, no subsequent treatment.

                        <00100064026>: Explains solatium, no subsequent treatment.

                        <00100066452>: Reiterates compensation principles, no subsequent treatment.

                        <00100007842>: States absence of solatium and interest is not unconstitutional, no indication of overrule.

                        <00100063940>: Clarifies statutory hierarchy, no subsequent treatment.

                        <00100026902>: Highlights judicial discretion in public interest, no subsequent treatment.

                        <00300009319>: Affirms the binding nature of a decision, indicating respect for precedent.

                        <00100034626>: Discusses policy and administrative matters, no treatment pattern.

                        <00100041177>: Reiterates statutory compliance, no subsequent treatment.

                        <00500009689>: Clarifies procedural requirements, no subsequent treatment.

                        <00100049483>: States Town Planning Act as a self-contained code, no subsequent treatment.

                        <00100042099>: The case covers multiple topics; no explicit indication of subsequent treatment or judicial reversal.

                        <00100007407>: No evidence of overruled or criticized treatment.

                        <00100005339>: No indication of subsequent treatment, but procedural issues are clarified.

                        <00100063733>: No evidence of overruled or criticized treatment.

                        <00100046611>: No subsequent treatment indicated.

                        <00100001846>: No evidence of being overruled or criticized; treatment appears to be affirming constitutional principles.

                        <00100007816>: Clarifies a legal concept but no subsequent treatment indicated.

                        <00500009689>: Procedural clarification, no subsequent treatment.

                        <00100066452>: Restates principles, no evidence of reversal or criticism.

                        <00100007842>: Clarifies constitutional aspects, no subsequent treatment.

                        <00100063940>: Clarifies statutory hierarchy, no subsequent treatment.

                        <00100026902>: Emphasizes judicial discretion, no subsequent treatment.

                        <00300009319>: States a binding precedent; no indication of being overruled.

                        <00100034626>: Addresses administrative policy, no subsequent treatment.

                        <00100041177>: Emphasizes compliance, no subsequent treatment.

                        <00500004024>: Discusses detention order, no subsequent treatment.

                        <00100053738>: Clarifies procedural requirements, no subsequent treatment.

                        <00100049483>: Affirms statutory scope, no subsequent treatment.

                        **Source :** Ferozi Lal Jain VS Man Mal - Supreme Court Vimalben Ajitbhai Patel VS Vatslabeen Ashokbhai Patel and others - Supreme Court Minerva Mills LTD. VS Union Of India - Supreme Court Union of India VS Tarsem Singh - Supreme Court Girias Investment Pvt. Ltd. VS State of Karnataka - Supreme Court A. R. Antulay VS R. S. Nayak - Supreme Court Bhavnagar University VS Palitana Sugar Mill Private LTD. - Supreme Court Vijay Laxmi Sadho VS Jagdish - Supreme Court Maharashtra Chess Association VS Union of India - Supreme Court Praga Tools Corporation LTD. VS C. V. Imanual - Supreme Court Rajasthan State Road Transport Corporation VS Bal Mukund Bairwa - Supreme Court L. Chandra Kumar VS Union Of India - Supreme Court State Of Bihar VS Kalika Kuer @ Kalika Singh - Supreme Court Bishambhar Dayal Chandra Mohan: Jagdish Prasad Agarwal: Haryana Dall Industries: Kalyanmal Deep Chand: Aggarwal Trading Company: Attar Singh Santosh Kumar: J. B. Flour Mills: Annupchand Shyamlal: Kaly Ram Govind Narain: Radhey Shyam Mukesh Kumar: Ramji La VS State Of U. P. : State Of U. P. : State Of U. P. : State Of U. P. : State Of U. P. : Secretary, Ministry Of Food And Civil Supplies: State Of U. P. : Union Of India: State Of U. P. : State Of U. P. : Union Of - Supreme Court State Of Orissa VS Titaghvr Paper Mills Company LTD. : Mangalji Mulji Khara - Supreme Court B. Shama Rao VS Union Territory of Pondicherry - Supreme Court Anirudhsinhji Karansinhji Jadeja VS State of Gujarat - Crimes State Of U. P. VS Ram Chandra Trivedi - Supreme Court Hari Krishna Mandir Trust VS State of Maharashtra - Supreme Court Ramniklal N. Bhutta VS State Of Maharashtra - Supreme Court Union Of India VS Chajju Ram (Dead) By Lrs. - Supreme Court Air India LTD. VS Cochin International Airport LTD. - Supreme Court State Of U. P. VS Synthetics And Chemicals LTD. - Supreme Court M. L. Sethi VS R. P. Kapur - Supreme Court Raja Soap Factory VS S. P. Shantharaj - Supreme Court Mattulal VS Radhe Lal - Supreme Court Union Of India VS K. S. Subramanian - Supreme Court Union Of India VS Godfrey Philips India LTD. : India Tobacco Company LTD. : Vazir Sultan Tobacco Company LTD. - Supreme Court Sushil Kumar Mehta VS Gobind Ram Bohra - Supreme Court Rajasthan State Industrial Development and Investment Corporation VS Diamond and Gem Development Corporation Ltd. - Supreme Court NATIONAL HIGHWAYS AUTHORITY OF INDIA VS SAYEDABAD TEA COMPANY LTD. - Supreme Court Master Marine Services Private LTD. VS Metcalfe And Hodgkinson Private LTD. - Supreme Court P. Vajravelu Mudaliar Most Rev. L. Mathias VS Special Deputy Collector For Land Acquisition, West Madras - Supreme Court PANCHAXARI SHIDRAMAPPA YELIGAR VS SHIGGAON TALUKA SHIKSHANA SAMITHI - Karnataka K. T. Plantation Pvt. Ltd. VS State of Karnataka - Supreme Court Union of India VS Ajit Mehta & Associates & others - Bombay Chiranjilal Shrilal Goenka (Deceased) Through Lrs. VS Jasjit Singh - Supreme Court Bengal Immunity Company LTD. VS State Of Bihar - Supreme Court State Of Bihar VS Project Uchcha Vidya Sikshak Sangh - Supreme Court Municipal Corporation Of Delhi VS Gurnam Kaur - Supreme Court Mathura Prasad Bajoo Jaiswal VS Dossibai N. B. Jeejeebhoyf - Supreme Court Wazir Chand VS State Of H. P. - Supreme Court Girnar Traders VS State of Maharashtra - Supreme Court Bal Chand Bansal VS Union of India - Crimes Dipak Babaria VS State of Gujarat - Supreme Court Srimathi Kaushalya Devi VS K. L. Bansal - Supreme Court Jaisri Sahu VS Rajdewan Dubey - Supreme Court Nagpur Improvement Trust VS Vithal Rao - Supreme Court Girnar Traders VS State of Maharashtra - Supreme Court

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