ROHIT RANJAN AGARWAL
Manorama Kuchhal – Appellant
Versus
Brijesh Narain Singh D. M. /Collector NIC Dist. Centre – Respondent
JUDGMENT
Rohit Ranjan Agarwal, J.
[Civil Misc. Application No. 08 of 2019]
Heard.
2. As the contempt application itself has been decided, the application for framing of charges and for determination of compensation has become infructuous.
3. Dismissed as infructuous.
[Civil Misc. Application No. 13 of 2020]
4. Heard.
5. This application has been filed for directing the opposite party to deposit the compensation amount within two weeks.
6. As the contempt application itself has been decided, present application has become infructuous.
7. Dismissed as infructuous.
[Civil Misc. Deletion Application No. 16 of 2021]
8. Heard.
9. It is contended that the applicant no. 1 Manorama Kuchhal had died and her name be deleted from the array of parties as the name of her sole legal heir Sunil Kuchhal is already on record.
10. Application is allowed.
11. In view of the said fact, the name of applicant no. 1 Manorama Kuchhal stands deleted from the array of parties.
[Civil Misc. Stay Application No. 20 of 2023]
12. Heard.
13. This application has become infructuous.
14. Dismissed as infructuous.
[Civil Misc. Application No. 25 of 2023]
15. Heard.
16. Application stands disposed off in terms of the
Bihar Finance Service v. Gautam Goswami (2008) 5 SCC 339
Daryao v. State of U.P. AIR 1961 SC 1457
Lucknow Development Authority v. M.K. Gupta (1994) 1 SCC 243.
Prithawi Nath Ram v. State of Jharkhand
R.Unnikrishnan v. V.K. Mahanudevan (2014) 4 SCC 434
The main legal point established in the judgment is the assessment of compensation based on the market value of the land at the time of notification under Section 4(1) and the determination of land v....
The appellant committed contempt by willfully disobeying a court order directing the deposit of compensation, emphasizing the imperative for compliance with judicial directives.
Civil contempt requires willful disobedience, which was not established as the counsel's statement did not constitute an undertaking.
when there is a dispute between rival claimants, though not they appeared before the Acquisition Officer, still, they can claim compensation awarded under the Award.
Disputes regarding compensation apportionment for land acquisition must be resolved by the Principal Civil Court, not through writ jurisdiction, when an alternative remedy exists.
The main legal point established in the judgment is that subsequent Judgments and Orders from the Civil Courts, which have declared a party as the owner and in possession of the acquired property, ca....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.