AI Overview...
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Entitlement to Compensation for Land and Structures - Landowners are generally entitled to compensation for the land and any structures built thereon, provided they have lawful possession or ownership. Encroachers or those without lawful rights are typically not eligible for compensation. For example, encroachers on government land are not entitled to compensation, whereas owners with settled possession are eligible for compensation for their buildings but not necessarily for the land if their possession is not lawful. District Collector, Salem VS Siddheswaran - Madras
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Measurement and Determination of Compensation - The amount of compensation should be determined based on accurate measurement of the land and the value of improvements. Authorities or courts may apportion compensation if multiple owners or structures are involved. The process involves assessing the land's market value and any improvements or structures on it. RASHTRIYA KISAN MAZDOOR SANGATHAN (REGD) VS STATE OF U. P. - Allahabad
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Public Interest and Acquisition - When land is acquired in the public interest, owners are entitled to compensation, even if their rights are affected by state interests. Compensation payable may be affected by statutory provisions, and the courts have held that owners are entitled to fair valuation and rehabilitation where applicable. Hansaben Prafulbhai Desai VS Union of India - Gujarat, Mahanadi Coal Fields Ltd. VS Mathias Oram - Supreme Court
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Buildings Without Land Ownership - Owners of buildings built on land they do not own are generally not entitled to compensation for the entire structure, including the land. Compensation is typically limited to structures they own or have rights to, not the land itself unless they have legal ownership. STATE OF MAHARASHTRA VS RELIANCE INDUSTRIES LTD. - Supreme Court
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Delay and Disputes in Payment - Delays in payment of dues, such as sugarcane prices or compensation, can lead to legal obligations for the paying party to settle dues along with interest. Proper measurement and documentation are essential for fair compensation. RASHTRIYA KISAN MAZDOOR SANGATHAN (REGD) VS STATE OF U. P. - Allahabad
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Legal Procedures and Court Directions - Courts may pass final decrees without specifying compensation unless explicitly directed. In cases of co-ownership or partition, courts may award compensation based on equitable considerations, and failure to specify payment can lead to subsequent proceedings. V. P. Hashumal, Sole Proprietor : Hashumals VS Sri Bombay Halwa House, Represented By Its Partner Gopichand - Madras
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Special Acts and Statutory Provisions - Specific laws like the Coal Bearing Areas Act or Kerala Compensation for Tenants Improvements Act provide frameworks for compensation and rehabilitation of landowners and tenants, emphasizing fair valuation and equitable treatment. Mahanadi Coal Fields Ltd. VS Mathias Oram - Supreme Court, Shama Bhatt VS T. Ramakrishna Bhatt - Supreme Court
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Breach of Contract and Compensation - When contractual obligations regarding land or resource extraction are violated, parties are required to report disputes and deposit tentative compensation to facilitate fair settlement. Failure to adhere to contractual terms can nullify claims for non-cash compensation. Jai Durga Finvest VS State of Haryana - Punjab and Haryana
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Principles of Mala Fide Exercise and Fair Compensation - Courts recognize that exercise of powers like land acquisition must be bona fide. Compensation is payable based on the date of notification, with statutory benefits such as interest and solatium, ensuring fair treatment of affected landowners. Rameshwar VS State of Haryana - Supreme Court
Analysis and Conclusion
Landowners and affected parties are entitled to fair compensation based on ownership rights, valuation of land and improvements, and statutory provisions. The courts emphasize lawful possession, accurate measurement, and adherence to legal procedures to determine rightful compensation. In cases involving public interest or statutory acquisition, owners are protected under law, with courts ensuring equitable treatment, including interest and rehabilitation benefits where applicable. Proper documentation, timely payment, and adherence to contractual and statutory frameworks are essential for the rightful entitlement of compensation.
Search Results for "Direction to Pay the Outstanding Entitled Compensation to the Affected Land Owners"
• India - Madras
PRABHA SRIDEVAN, C.T.SELVAM
to the land but entitled for compensation to the building put up by him. ... acquisition-Highways-Encroachers-Government land-Compensation-Person in encroachment of Government land is not entitled for compensation ... settled possession of the land and put up construction-He is entitled for compensation to the building put up by him and not for ... The consequence of this will only be that keeping....
2017 0 Supreme(All) 307 • India - Allahabad
V.K.SHUKLA, MAHESH CHANDRA TRIPATHI
Mazdoor Sangathan espousing cause of farmers for ensuring payment of balance cane dues alongwith interest—Petitioners’ sangathan is entitled ... Sugar Cane (Regulation of Supply and Purchase) Act, 1953—Section 17(3)—Delay in payment of price of sugarcane—Factory is liable to pay ... He also has to determine the measurements of the land in question and on the basis of material on record decide the compensation which in his opinion should be allowed for the land and if need be, he can also apportion the s....
2016 0 Supreme(Guj) 663 • India - Gujarat
AKIL ABDUL HAMID KURESHI, ALPESH Y.KOGJE
other than the Government land—Where the interest of the owner is clogged by the right of the State, the compensation payable is ... owners as acquisition of land is in the public interest. ... Railways Act, 1989—Section 20A, 20B, 20D, 20E, 20F, 20G & 20H—Petitioner/owner filed this petition against an award alleging that ... In fact, it is not even their stand that she is not entitled to compensation for her loss. ... The consequence of this will on....
1983 0 Supreme(Mad) 444 • India - Madras
I.MAINTAINABLE
and final decree passed without any direction for payment of compensation in respect of excess area held by some of the co-owners-Court ... if can award compensation. ... Code of Civil Procedure, 1908-Order 20, Rule 12-Suit by co-owners for partition in enjoyment under prior arrangement-Preliminary ... Rangarajan was that the plaintiffs would not be entitled to any compensation from the date of the plaint since there is no provision for the payment of compen....
2017 6 Supreme 293 • India - Supreme Court
ADARSH KUMAR GOEL, UDAY UMESH LALIT
– Compensation to and rehabilitation of land owners – Committee constituted – Directions given. ... Coal Bearing Areas (Acquisition and Development) Act, 1957 – Section 4(1), 9 and 11 – Acquisition of land ... The affected land owners claimed compensation and rehabilitation and finally moved the High Court of Orissa by way of W.P.(C) No.11463/2003 which was disposed of on 13.11.2006 titled "Mathias Oram & Ors. v. Mahanadi Coal Field....
2017 0 Supreme(SC) 938 • India - Supreme Court
ARUN MISHRA, MOHAN M.SHANTANAGOUDAR
The petitioners were not entitled to compensation for the entire building, including the land, because they did not own the land. ... In both cases, the owners of the buildings did not own the land on which the buildings were built. ... Whether the petitioners were entitled to compensation for the entire building, including the land. Ratio Decidendi: 1. ... This is no doubt correct, but it does not follow that because a person inter....
2006 0 Supreme(P&H) 3124 • India - Punjab and Haryana
S.N.AGGARWAL
226, 227 - Contractual Matters - When petitioner had failed to abide by the terms and condition of agreement, and had failed to pay ... In case of non-settlement of compensation at their level with the land owners the petitioners were required to report the matter to the Mining Officer, Sonipat and also deposit 10% of the bid amount as tentative compensation to be paid to the land owners, so as to enable the Mining Officer, Sonipat to ... The version of the petitioner....
2018 0 Supreme(Bom) 1131 • India - Bombay
S.C.DHARMADHIKARI, BHARATI H.DANGRE
The Court held that the petitioners were not entitled to claim non-cash compensation as the notification was issued in the public ... Ratio Decidendi: The Court held that the petitioners were not entitled to claim non-cash compensation as the notification ... Issues: Whether the petitioners were entitled to claim non-cash compensation in terms of the notification issued by the State ... reserved lands affected in the layout development. ... It is in these circumstan....
1987 0 Supreme(SC) 375 • India - Supreme Court
G.L.OZA, V.KHALID
for improvements had already been adjudged - It was pursuant to this direction that a report was submitted showing value of improvements ... effected – Court make this observation purely on an equitable basis – Court direct respondents to pay to appellants a sum of Rs. ... Kerala Compensation for Tenants Improvements Act, 1958 – Section (iii) a person who comes into possession of land belonging to another person and makes improvements thereon in the bona fide belief that he is entitled....
2022 0 Supreme(SC) 673 • India - Supreme Court
UDAY UMESH LALIT, S. RAVINDRA BHAT, PAMIDIGHANTAM SRI NARASIMHA
that transferred significant developmental rights during the suspect period, thus necessitating a broader application of rights to affected ... (A) Land Acquisition Act, 1894 - Section 4 and 6 - Principles of mala fide exercise of power, fraud on power in the context of land ... Karma is entitled to compensation in accordance with the Acquisition Act as on the date of the notification under Section 4 , and is entitled to statutory benefits such as interest, solatium etc. on such determined co....
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