Bihar State Housing Board Vs. Ban Bihari Mahato and Others
EmailAppeal: Civil Appeal No. of 1988.
(Arising out of S.L.P. (C) Nos. 10341 & 10015/87)
(Arising out of S.L.P. (C) Nos. 10341 & 10015/87)
Petitioner: Bihar State Housing Board
Respondent: Ban Bihari Mahato and Others
Apeal: Civil Appeal No. of 1988.
(Arising out of S.L.P. (C) Nos. 10341 & 10015/87)
(Arising out of S.L.P. (C) Nos. 10341 & 10015/87)
Judges: SABYASACHI MUKHARJI & S. RANGANATHAN, JJ.
Date of Judgment: Mar 21, 1988
Head Note:
LAND ACQUISITION ACT, 1894:
Acquisition of land – In view of public interest, the acquisitions upheld subject to the condition that compensation should be made as if the acquisitions were made as on 1-3-1988.
JUDGEMENT:
O R D E R
1. Special leave granted and the appeals are disposed of hereunder.
2. In view of the Peculiar facts and circumstances of these cases in respect of the entire land involved in both the appeals we are setting aside the findings of the High Court without deciding the legality of the question determined by the High Court and having regard to the facts and circumstances of these cases and in view of the Public interest involved in our opinion, the appropriate Order would be to uphold the acquisitions made already subject to the following conditions:
1.That the compensation for the said acquisition should be paid as if the acquisitions were made as on 1.3.1988.
2.Such compensation to be determined by the Land Acquisition Collector in accordance with Law within a period of three months from this date.
3. After determining such compensation subject to any legal objections, if any, the compensation should be paid to the respondents within three months thereafter.
3. The respondents will make their claims and the parties will appear on 15.4.88 before the special land Acquisition Officer, Adityapur Industrial Area Development Authority, Adityapur (Jamshedpur)
4. The appeals are disposed of accordingly.
1. Special leave granted and the appeals are disposed of hereunder.
2. In view of the Peculiar facts and circumstances of these cases in respect of the entire land involved in both the appeals we are setting aside the findings of the High Court without deciding the legality of the question determined by the High Court and having regard to the facts and circumstances of these cases and in view of the Public interest involved in our opinion, the appropriate Order would be to uphold the acquisitions made already subject to the following conditions:
1.That the compensation for the said acquisition should be paid as if the acquisitions were made as on 1.3.1988.
2.Such compensation to be determined by the Land Acquisition Collector in accordance with Law within a period of three months from this date.
3. After determining such compensation subject to any legal objections, if any, the compensation should be paid to the respondents within three months thereafter.
3. The respondents will make their claims and the parties will appear on 15.4.88 before the special land Acquisition Officer, Adityapur Industrial Area Development Authority, Adityapur (Jamshedpur)
4. The appeals are disposed of accordingly.
