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Land Acquisition Act, 1894

2126 judgments · newest first · showing 1401–1600

OM PARKASHversusUNION OF INDIA AND ORS.

2010 INSC 85Dismissed

The Supreme Court examined the validity of Section 6 declarations issued after Section 4 notifications for land acquisition in Delhi, where the notifications were dated November 1980 and the declarations were issued in 1985‑86. The appellants argued that the three‑year limitation for issuing a …

HARIDWAR DEVELOPMENT AUTHORITYversusRAGHUBIR SINGH

2010 INSC 68Disposed off

The Haridwar Development Authority acquired about 38.6 bighas of contiguous village land for a housing colony. The Collector awarded compensation using a three‑belt method with varying rates, which the Reference Court reduced to two belts, and the High Court further replaced with a uniform rate of …

R. KOLANDAIVELU & ORS .versusTHE GOVT. OF TAMIL NADU & ANR.

2009 INSC 1299Dismissed

The appellants owned land that was acquired by the Government of Tamil Nadu under the Land Acquisition Act, 1894. A notification (Sec. 4) was issued on 24‑12‑1986 and a declaration (Sec. 6) on 23‑12‑1987. The appellants filed writ petitions in 1988 challenging the acquisition; the High Court granted …

KAMRUL ISLAM ALVIversusSTATE OF M.P.

2009 INSC 1214Appeal(s) allowed

The appellant's 3.10 acres of land were acquired under the Land Acquisition Act, 1894 for a canal project. In addition to the compensation for the land, the appellant claimed Rs 6,46,579.95 for a water reservoir and sluice gate, though an earlier claim of only Rs 25,000 had also been made. The Land …

HARYANA STATE INDUSTRIAL DEV. CORPN.versusSHAKUNTLA & ORS.

2009 INSC 1197Disposed off

The Haryana State Industrial Development Corporation (HSIDC) sought to acquire land for an industrial estate under the Land Acquisition Act, 1894. A High Powered Committee recommended acquisition of the land owned by Shakuntla (respondent No.1) but released land of M/s Orient Crafts ("O") on the …

SUBH RAM & ORS.versusHARYANA STATE & ANR.

2009 INSC 1189Case Partly allowed

The State acquired 38.48 acres of land in Jharsa, Gurgaon, Haryana for a jail under the Land Acquisition Act, 1894. The Land Acquisition Collector initially awarded compensation based on land categories, which the Reference Court enhanced uniformly to Rs 36.20 per square yard. The appellants …

BABU RAM AND ANR.versusSTATE OF HARYANA AND ANR.

2009 INSC 1169Disposed off

The appellants, owners of land in Narwana, challenged the State of Haryana's acquisition of their property for a sewage treatment plant (STP) on the ground that the acquisition was made under Section 17(4) of the Land Acquisition Act, 1894, which dispensed with the right to file objections under …

STATE OF ORISSA & ORSversusCHITRASEN BHOI

2009 INSC 1142Dismissed

The State of Orissa acquired land for a fish farm under the Land Acquisition Act, 1894, awarding the original owner, Chitrasen Bhoi, Rs 2,500 per acre in 1975. Subsequent owners received a higher award of Rs 10,000 per acre in 1995, prompting Bhoi to file an application under Section 28A on 21 March …

SITA RAM BHANDAR SOCIETY, NEW DELHIversusLT. GOVERNOR, GOVT. OF N.C.T. DELHI & ORS.

2009 INSC 1137Dismissed

The Sita Ram Bhandar Society owned agricultural land (Khasra No.157) that was included in a 1959 notification for acquisition for the planned development of Delhi. After objections were dismissed, a declaration under Section 6 was made and an award was issued on 19 June 1980. The Collector recorded …

STATE OF GOA & ANR.versusGOPAL BABURAO GAUDO & ORS.

2009 INSC 1134Dismissed

The State of Goa sought compensation for a 2,715 sq. m. strip of land acquired for the Panda By‑pass road, arguing that because the land lay within the 40‑metre prohibited‑construction zone alongside a highway it had no development potential and therefore should be valued as valueless. The Supreme …

TIKA RAM & ORS.versusSTATE OF U.P. & ORS.

2009 INSC 1123Dismissed

The Supreme Court examined the constitutional validity of the Uttar Pradesh Amendment and Validation Act, 1991, which retrospectively validated land acquisition proceedings that had issued simultaneous notifications under Sections 4(1) and 6(2) of the Land Acquisition Act, 1894. The petitioners …

CHARAN DASS (DEAD) BY L.RS.versusH.P. HOUSING AND URBAN DEVELOPMENT AUTHORITY AND ORS.

2009 INSC 1112Case Partly allowed

The State of Himachal Pradesh acquired land for a housing colony and issued a notification under the Land Acquisition Act, 1894. The Collector’s award of compensation was challenged by the landowners, who obtained a higher valuation from the District Judge based on sale deeds. The Housing Board …

SHANTI SPORTS CLUB & ANR.versusUNION OF INDIA & ORS.

2009 INSC 1077Dismissed

The Supreme Court examined whether a ministerial note dated 8 June 1999 could be treated as a decision under Section 48(1) of the Land Acquisition Act, 1894 to withdraw from the acquisition of land occupied by Shanti Sports Club, and whether the Government’s refusal to de‑notify the land (letter …

SAIBANNA (DEAD) BY LRS.versusASSTT. COMMNR. & LAND ACQUISITION OFFICER

2009 INSC 1056Appeal(s) allowed

The appellants' land of about 4.34 acres in Taj Sultanpur, Gulbarga was acquired under the Land Acquisition Act, 1894. The reference court fixed the market value at Rs.19,500 per acre, but the High Court allowed a deduction of 53% for development charges, despite the land being within the municipal …

VIJAY NARAYAN THATTE & ORS.versusSTATE OF MAHARASHTRA & ORS.

2009 INSC 1054Appeal(s) allowed

The appellants challenged a second notification issued under Section 6 of the Land Acquisition Act, 1894, alleging it was barred by the one‑year limitation in the proviso to Section 6. The Supreme Court examined whether the proviso is a mandatory, peremptory rule and whether the High Court's earlier …

LAL CHANDversusUNION OF INDIA & ANOTHER

2009 INSC 1044Disposed off

The case concerned the determination of market value for lands in Rithala village, Delhi, acquired under four notifications of the Land Acquisition Act, 1894. The Delhi High Court had based compensation on Delhi Development Authority (DDA) allotment rates and limited sale deed evidence, awarding …

S. PALANI VELAYUTHAM & ORS.versusDISTRICT COLLECTOR, TIRUNVELVELI, TAMIL NADU & ORS.

2009 INSC 1028Case Partly allowed

The Supreme Court examined an acquisition under the Land Acquisition Act, 1894 where only the life‑interest holders (recorded in revenue records) were served notice, while the vested remaindermen (not recorded) were not. The petitioners argued that the remaindermen were entitled to notice and …

ATTAR SINGH AND ANOTHERversusUNION OF INDIA AND ANOTHER

2009 INSC 1002Dismissed

The appellants, owners of agricultural land in Jharoda Kalan, New Delhi, challenged the compensation awarded for land acquired under a 1982 notification. After successive awards by the Land Acquisition Collector (Rs 5,800‑2,400 per bigha), the Reference Court (Rs 9,750 per bigha) and the High Court …

BHAGAT SINGH & ORS.versusUNION OF INDIA & ANR.

2009 INSC 1016Dismissed

The appellants, owners of agricultural land in Ghewra village, challenged the compensation awarded for land acquired for a bottling plant, arguing that the market value fixed by the High Court was too low and that three sale deeds had been ignored. The High Court, relying on its earlier decision in …

DY. COLLECTOR, LAND ACQUISITION, GUJARAT & ANR.versusMADHUBAI GOBARBHAI & ANR.

2009 INSC 965Disposed off

The State of Gujarat acquired large tracts of agricultural and non‑agricultural land in three villages for the construction of a dam, leading to disputes over the compensation payable under Section 23 of the Land Acquisition Act, 1894. The appellants challenged the High Court’s awards, arguing that …

M/S. STEEL AUTHORITY OF INDIA LTD.versusS.U.T.N.I. SANGAM & ORS.

2009 INSC 971Disposed off

The Steel Authority of India Ltd. (SAIL) acquired land for a steel plant, awarding compensation to landholders; some accepted the award without protest, others accepted under protest and filed applications for reference under Section 18 of the Land Acquisition Act, 1894. The High Court directed the …

COMMISSIONER OF INCOME-TAX, FARIDABADversusGHANSHYAM (HUF)

2009 INSC 913Appeal(s) allowed

The assessee (Ghanshyam HUF) received enhanced compensation and interest from the Haryana Urban Development Authority for land acquired under the Land Acquisition Act, 1894, but omitted these amounts from its 1999-2000 return, arguing that they were in dispute in a pending appeal by the State. The …

NATIONAL THERMAL POWER CORPORATION LTD.versusMAHESH DUTTA AND OTHERS

2009 INSC 916Dismissed

The National Thermal Power Corporation Ltd. (NTPC) acquired 65.71 acres of land under the Land Acquisition Act, 1894 for a thermal power plant, invoking emergency provisions of Section 17 and paying 80% compensation. NTPC claimed it had only taken physical possession of about 10.2 acres and sought …

SATISH & ORS.versusSTATE OF U.P. & ORS.

2009 INSC 923Disposed off

The Supreme Court examined the compensation awarded to landowners whose lands were acquired for a thermal power plant in Sarna, Muradpur, Uttar Pradesh. The Court held that, under Section 23 of the Land Acquisition Act, 1894, all relevant sale deeds must be considered to determine the market value …

CHANDRASHEKHAR & ORS.versusADDITIONAL SPECIAL LAND ACQUISITION OFFICER

2009 INSC 892Appeal(s) allowed

The appellants, landowners whose property was acquired under the Land Acquisition Act, 1894, challenged the High Court's restriction of their compensation to Rs.23 per square foot despite its finding that the market value was at least Rs.32.10 per square foot. The High Court had limited the award on …

MAHENDER PAL & OTHERSversusSTATE OF HARYANA & OTHERS

2009 INSC 822Appeal(s) allowed

The State of Haryana issued notifications under Section 4 read with Section 17(4) of the Land Acquisition Act, 1894 to acquire land for an outer ring road and green belt, affecting land owned by Mahender Pal and others that contained residential structures, ancestral samadhis and a temple. The …

UNION OF INDIAversusHARPAT SINGH & ORS.

2009 INSC 795Disposed off

The Supreme Court examined compensation for agricultural lands acquired for Delhi development under the Land Acquisition Act, 1894, where the High Court had awarded Rs 3,45,000 per bigha (Rs 345 per sq yard) for Chilla Saroda Bangar. Relying on its earlier judgments in Karan Singh (1997) and Bali …

MAHAVIR JANGONDA PATILversusDIRECTOR OF RESETTLEMENT & ORS.

2009 INSC 585Dismissed

The appellant challenged the Maharashtra Resettlement of Project Displaced Persons Act notifications that declared his village a benefited zone and the subsequent land acquisition under the Land Acquisition Act. He argued that a 1979 compromise and partition of his family’s land, which reduced his …

AVINASH DHAVAJI NAIKversusSTATE OF MAHARASHTRA

2009 INSC 513Case Partly allowed

The State of Maharashtra acquired about 5,300 sq m of agricultural land in 96 villages for the New Bombay Project under the Land Acquisition Act, 1894. The Land Acquisition Collector initially valued the land at Rs 0.35 per sq m; the reference court, using the belting method, enhanced compensation …

KARNATAKA URBAN WATER SUPPLY & DRAINAGE BOARDversusK.S. GANGADHARAPPA & ANR.

2009 INSC 500Case Partly allowed

The Karnataka Urban Water Supply & Drainage Board appealed against a Karnataka High Court judgment that fixed compensation for land acquired for a drainage scheme at Rs.4,00,000 per acre without providing a basis for that figure. The Supreme Court examined whether rates for small, developed plots …

NAVANATH & ORS.versusSTATE OF MAHARASHTRA

2009 INSC 523Appeal(s) allowed

The Government of Maharashtra acquired 182 hectares of land for the Uthala Irrigation Project. The Special Land Acquisition Officer fixed market values and awarded additional compensation for fruit‑bearing trees, wells, pipelines and structures, classifying the land as Bagayat (irrigated) and …

PRANITA POWERLOOM COOP. SOC. LTD.versusSTATE OF MAHARASHTRA & ORS.

2009 INSC 526Appeal(s) allowed

The petitioners, a group of cooperative societies including Pranita Powerloom Co‑op. Society, sought acquisition of land for an industrial estate. The State cancelled the acquisition order on 30‑08‑2005 for non‑compliance with statutory requirements. The Bombay High Court, ignoring several …

MOHAMMAD RAOFUDDINversusTHE LAND ACQUISITION OFFICER

2009 INSC 487Dismissed

The appellant's 4‑acre land in Medak district was acquired for the Singnoor project and awarded compensation of Rs 9,000 per acre. He sought enhancement to Rs 35 per square yard, relying on a nearby acquisition (Ex A.6) where compensation was Rs 18 per square yard. The High Court dismissed the …

URMILA ROY & ORS.versusM/S.BENGAL PEERLESS HOUSING DEVELOPMENT COMPANY LTD. & ORS.

2009 INSC 389Dismissed

The appellants, who owned land intended for an international school and other projects, challenged the State's acquisition of their land for a housing scheme that was to be executed by a private joint‑sector company, Bengal Peerless. The High Court initially set aside the acquisition, but a Division …

D.D.AversusMAHENDER SINGH & ANR

2009 INSC 380Appeal(s) allowed

The Delhi High Court, exercising jurisdiction under Article 226, directed the acquiring authority to pay statutory interest under Section 34 of the Land Acquisition Act to land owners for compensation awarded. The appellant challenged this direction, contending that the Act is a complete code and …

MAHESH DATIATRAY THIRTHKARversusSTATE OF MAHARASHTRA

2009 INSC 314Appeal(s) allowed

The appellant, Mahesh Dattatray Thirthkar, owned land acquired by the State of Maharashtra for a medium project. The Land Acquisition Officer initially awarded Rs.40,226 as compensation, which the Reference Court enhanced to Rs.83,000. The State appealed, and the High Court reduced the award back to …

RAJINDER SINGH BHATTI AND ORS.versusSTATE OF HARYANA AND ORS.

2009 INSC 306Dismissed

The appellants, owners of approximately 160 kanals of land in Jagadhri, Haryana, challenged the State's failure to make a compensation award within two years of the declaration under the Land Acquisition Act, 1894, arguing that the statutory lapse under Section 11A amounted to a withdrawal from …

C.R. NAGARAJA SHETTYversusSPL. LAND ACQ. OFFICER & ESTATE OFFICER. & ANR.

2009 INSC 246Case Partly allowed

The appellant owned 35 guntas of land in Bangalore South Taluk that was acquired for the widening of a National Highway under the Land Acquisition Act, 1894. Initial compensation of Rs.10 per square foot was enhanced to Rs.27.50 by the Reference Court and further to Rs.75 per square foot by the …

STATE OF WEST BENGAL & ORS.versusRATNAGIRI ENGINEERING PVT. LTD. & ORS.

2009 INSC 250Disposed off

The State of West Bengal appealed against a Calcutta High Court order that had resumed land held by an intermediary under the West Bengal Estates Acquisition Act, 1953. The appeals raised three questions: (1) whether the proviso to Section 6(3) of the 1953 Act remains effective after the West Bengal …

CITY MONTESSORI SCHOOLversusSTATE OF UTTAR PRADESH & ORS.

2009 INSC 206Dismissed

The City Montessori School occupied 23,000 sq ft of land in Lucknow, of which 6,000 sq ft was held by a predecessor lessee. The State of Uttar Pradesh acquired the entire land under the Land Acquisition Act, 1894, issuing notifications under Sections 4 and 6, which were later challenged. The High …

SPECIAL LAND ACQUISITION OFFICERversusCHANDRAMMA (DEAD) BY LRS.

2009 INSC 189Case Partly allowed

The Special Land Acquisition Officer appealed against the Karnataka High Court’s dismissal of reference petitions filed under Section 54(1) of the Land Acquisition Act, 1894, seeking enhanced compensation for structures on acquired land. The High Court had held that the reference court’s valuation, …

SPECIAL LAND ACQUISITION OFFICER, U.K. PROJECT.versusMAHABOOB & ANR.

2009 INSC 135Dismissed

The Special Land Acquisition Officer (U.K. Project) appealed against a reference court award that increased compensation for 1 acre 13 guntas of land from Rs.4,000 to Rs.30,420 per acre. Both the first and second appeals were dismissed by the High Court, after which a Special Leave Petition (SLP) …

GODREJ & BOYCE MANUFACTURING CO.LTD.versusSTATE OF MAHARASHTRA & ORS.

2009 INSC 111Case Allowed

The appellants, owners of plots reserved for roads, voluntarily surrendered their land and constructed the required roads at their own cost. They claimed that, under the Maharashtra Regional and Town Planning Act and the Development Control Regulations, they were entitled to additional Floor Space …

FARIDABAD GAS POWER PROJECT, NTPC LTD. ETC.versusOM PRAKASH & ORS. ETC.

2009 INSC 110Disposed off

The State of Haryana acquired 319.31 acres of agricultural land in five villages for the Faridabad Gas Power Project of NTPC. The Collector awarded compensation, which the landowners sought to enhance under Section 18 of the Land Acquisition Act, 1894, while NTPC sought a reduction. The High Court …

SURENDRA KUMAR BHATIAversusKANHAIYA LAL & ORS.

2009 INSC 88Case Partly allowed

The case arose from a dispute over land acquired for a housing scheme where owners and power‑of‑attorney holders allegedly colluded with a Special Officer of the Rajasthan Housing Board to obtain allotment pattas fraudulently. An FIR was lodged under sections 420, 467, 468 and 471 IPC. The …

M/S. ANSAL PROPERTIES & INDUSTRIES LTD.versusSTATE OF HARYANA & ANR.

2009 INSC 67Appeal(s) allowed

Ansal Properties & Industries Ltd., a colonizer, was directed by the Director, Town and Country Planning, Haryana to pay Rs.61,000 per gross acre as part of external development charges, allegedly for internal community buildings. The appellant contended that the demand was unauthorized because the …

FOMENTO RESORTS AND HOTELS LTD. AND ANOTHERversusMINGUEL MARTINS AND OTHERS

2009 INSC 39Dismissed

The Supreme Court examined the acquisition of land (survey Nos.803 and 804) by the State of Goa for a tourism development project undertaken by Fomento Resorts and Hotels Ltd. The Court had to decide whether the acquisition fell under Section 40(1)(aa) or Section 40(1)(b) of the Land Acquisition …

REVENUE DIVISIONAL OFFICER-CUM-L.A.O.versusSHAIK AZAM SAHEB ETC. ETC.

2009 INSC 20Case Partly allowed

The State acquired 87.96 acres of agricultural land in villages Pasupula and B. Thandrapadu, about 4 km from Kurnool district headquarters and abutting National Highway 18, for establishing Sri Krishna Devaraya University. The Collector initially awarded Rs 16,000 and Rs 15,000 per acre …

DHARAM PALversusSTATE OF HARYANA AND ORS.

2008 INSC 1434Disposed off

The appellant Dharm Pal filed a writ petition challenging a 2000 notification under Section 4 and a 2001 declaration under Section 6 of the Land Acquisition Act, 1894, which acquired his residential structure while similar structures of other persons were left out. The Punjab and Haryana High Court …

PRAKASH R. GUPTAversusLONAVALA MUNICIPAL COUNCIL & ORS.

2008 INSC 1377Appeal(s) allowed

The appellant, owner of land reserved for a college under a development plan, sought release of the land after the college was disaffiliated. The land had not been acquired within the ten‑year period prescribed by Section 127 of the Maharashtra Regional and Town Planning Act, 1966, nor were any …

UNION OF INDIAversusPARMAL SINGH & ORS.

2008 INSC 1349Dismissed

The lands of Parmal Singh and others were requisitioned by the Central Government in 1963 under the Defence of India Act, 1962 and subsequently acquired in 1965. The Special Land Acquisition Officer fixed compensation, which the owners contested, leading to arbitration awards that included interest. …

CITY AND INDUSTRIAL DEVELOPMENT CORPORATIONversusDOSU AARDESHIR BHIWANDIWALA & ORS.

2008 INSC 1301Appeal(s) allowed

The petitioners, City and Industrial Development Corporation (CIDCO), were directed by the Bombay High Court to acquire a 19‑acre tract of land claimed by the respondent, Dosu Aardeshir Bhiwandiwala, who alleged he was a trustee of the Bhiwandiwala Trust and that the land was private property. The …

ESSCO FABS PVT. LTD. & ANR.versusSTATE OF HARYANA & ANR.

2008 INSC 1273Disposed off

The State of Haryana re‑issued a preliminary notification under the Land Acquisition Act, 1894 in 2001 for a link‑road and invoked the urgency clause of Section 17, dispensing with the inquiry and hearing of objections under Section 5A before issuing a final notification under Section 6. Essco Fabs …

KENDRIYA KARAMCHARI SEHKARI GREH NIRMAN SAMITI LTD., NOIDAversusSTATE OF U.P.& ANR.

2008 INSC 1274Case Partly allowed

The Uttar Pradesh government acquired land for the New Okhla Industrial Development Authority and awarded compensation under the Land Acquisition Act. Many landowners obtained enhanced compensation through a Reference Court under Section 18, but the Samiti, which could not make a reference, filed an …

SACHIDA NAND LAL @ SACHIDA NAND SHAHversusSTATE OF BIHAR, (NOW JHARKHAND)

2008 INSC 1275Appeal(s) allowed

The appellant, Sachioa Nano Lal (also known as Sachioa Nano Shah), challenged the compensation awarded in a land acquisition proceeding under the Land Acquisition Act, 1894. After a reference court fixed compensation, the appellant obtained a partial enhancement of the 'ka' category land from a …

THE COLLECTOR, LAND ACQUISITION AND ANR.versusJASWANT SINGH AND ORS.

2008 INSC 1043Appeal(s) allowed

The Collector, Land Acquisition & Anr. appealed a High Court order that dismissed a revision petition challenging an executing court's award of interest on solatium to land owners. The petitioners argued that the reference court had categorically held that no interest was payable on solatium, so the …

SOORARAM PRATAP REDDY & ORS.versusDISTRICT COLLECTOR, RANGA REDDY DISTT. & ORS.

2008 INSC 1017Dismissed

The Government of Andhra Pradesh acquired a large tract of land in Hyderabad for an integrated infrastructure project, the Financial District, to be implemented by the state nodal agency APllC in partnership with a private company, Emaar. Small landowners challenged the acquisition, alleging it was …

ABDUL GAFUR AND ANR.versusSTATE OF UTTARAKHAND AND ORS.

2008 INSC 921Appeal(s) allowed

The State of Uttarakhand acquired land for a public road to a hospital under the Land Acquisition Act, 1894. The original owner later gifted part of the land to the appellants, who sued the hospital for a perpetual injunction to prevent it from erecting walls that would block the road. The trial …

T.R. BOOPALAN & ORSversusTAMIL NADU HOUSING BOARD AND ORS.

2008 INSC 914Case Allowed

The appellants owned a 0.81‑acre plot covered by Survey No.188/4 that was subject to a Section 4(1) notification under the Land Acquisition Act, 1894. A writ petition quashed the notification, but the petition mistakenly referred to the land as 0.81 cents; an application to correct this error was …

MEERA SAHNIversusLT. GOVERNOR OF DELHI & ORS.

2008 INSC 828Dismissed

The appellants purchased land that had been notified for acquisition under the Land Acquisition Act, 1894, and claimed that they had obtained prior permission under Section 5 of the Delhi Lands (Restrictions on Transfer) Act, 1972, to transfer the land. The High Court dismissed their review and writ …

JEEWAN DHAR JAIN (DEAD) THROUGH LRS. & ORS.versusSTATE OF HARYANA & ORS.

2008 INSC 826Appeal(s) allowed

The appellants, landowners whose property was acquired under the Land Acquisition Act, 1894, claimed the amount deposited by the Collector could be appropriated at their discretion for interest, costs, solatium and principal. The Execution Court had allowed such appropriation, but the Haryana Urban …

KANTA DEVI & ORS.versusSTATE OF HARYANA & ANR.

2008 INSC 783Case Partly allowed

The State of Haryana acquired 265 kanals of land for a grain market and awarded compensation based on various rates. The High Court, relying on a single sale deed (Exhibit P‑6), enhanced compensation to Rs.2,88,000 per acre but deducted 70% as development charges, which the claimants challenged as …

C.E.S.G: LIML1 TEDversusSANDHYA RANI BARIK AND ORS.

2008 INSC 769Disposed off

The case involved the acquisition of more than three bighas of land by CESC Ltd. under the West Bengal Land (Requisition and Acquisition) Act, 1948 for an electric sub‑station. The Collector initially awarded Rs.50,000 per cottah, which was later raised by the Land Acquisition Judge to about Rs.5 …

ILLA ROY CHOWDHURYversusSHYAMALI DAS AND ORS.

2008 INSC 709Appeal(s) allowed

The case concerned a property acquired under the Land Acquisition Act, 1894. The First Respondent, Shyamali Das, sought to be impleaded as a party in a reference petition under Sections 30 and 31 of the Act, but the Supreme Court had earlier found that no such application had been filed. The …

M/S. SHEIKHAR HOTELS GULMOHAR ENCLVE. & ANR.versusSTATE OF U.P. & ORS.

2008 INSC 637Dismissed

The Uttar Pradesh government acquired land for a "Transport Nagar" project to alleviate traffic congestion in the National Capital Region. Under the Land Acquisition Act, 1894, it invoked Section 17(4) read with Section 5-A, dispensing with the requirement that affected persons file objections under …

STATE OF HARYANAversusGURBAX SINGH (DEAD) BY LRS & ANR. ETC.

2008 INSC 617Disposed off

The State of Haryana acquired 185 kanals of land from villages Ratgal, Sunderpur and Palwal for a government Ayurvedic college under the Land Acquisition Act, 1894. The Collector initially awarded Rs 40,000 per acre for chahi land and Rs 25,000 per acre for gair mumkin land; the Additional District …

NORTH EASTERN RAILWAY ADMINISTRATION, GORAKHPURversusBHAGWAN DAS (D) BY LRS.

2008 INSC 490Case Allowed

The respondent filed a suit for a perpetual injunction to protect his possession of land, which the trial court decreed in his favour, holding him to be the Bhumidhar. The appellant, North Eastern Railway Administration, appealed and claimed that the decree was obtained by fraud, asserting that the …

LILAWATI AGARWAL (DEAD) BY LRS AND ORSversusSTATE OF JHARKHAND

2008 INSC 454Matter referred to larger bench

The Supreme Court heard a civil appeal concerning whether claimants were entitled to the enhanced solatium under Sections 23(1‑A), 23(2) and 28 of the Land Acquisition Act, 1894, in view of Section 30 of the Land Acquisition (Amendment) Act, 1984. The land was acquired after notifications in 1965 …

KARNAL IMPROVEMENT TRUSTversusSUMITRA DEVI (DEAD) BY LRS. AND ORS.

2008 INSC 392Appeal(s) allowed

The Karnal Improvement Trust appealed against a High Court order dismissing writ petitions that challenged a 1972 land acquisition award. The petitioners sought solatium (30% of market value) and other benefits under Sections 23(1‑A) and 28 of the Land Acquisition Act, 1894. The Supreme Court …

M/S. GIRIAS INVESTMENT PVT. LTD. & ANR.versusSTATE OF KARNATAKA & ORS.

2008 INSC 360Dismissed

The Karnataka Industrial Area Development Board (KIADB) initially notified acquisition of land for a trumpet interchange and access road to Bangalore Airport under the Karnataka Industrial Area Development Board Act, 1966. Later, the Karnataka State Industrial Investment and Development Corporation …

BIHAR FINANCE SERVICE H.C. COOP. SOCIETY LTD.versusGAUTAM GOSWAMI & ORS

2008 INSC 311Disposed off

The Bihar Finance Service H.C. Cooperative Society Ltd. sought land acquisition for housing its members, leading to a declaration and award under the Land Acquisition Act, 1894. The High Court quashed the declaration and remitted the matter for further inquiry, but the Supreme Court later directed …

SWAIKA PROPERTIES PVT. LTD. AND ANR.versusSTATE OF RAJASTHAN AND ORS.

2008 INSC 149Dismissed

The appellants' land was notified for acquisition under the Rajasthan Urban Improvement Act, 1959 in 1975 and a declaration was made in 1984 directing them to surrender possession. They first approached the Calcutta High Court, which was stayed by the Supreme Court on jurisdictional grounds. …

ATMA SINGH (DIED) THROUGH LRS. & ORS.versusSTATE OF HARYANA & ANR

2007 INSC 1245Case Partly allowed

The appellants, landowners whose 89 acres were acquired for a sugar mill under the Land Acquisition Act, 1894, challenged the compensation awarded. The High Court had fixed a market value of Rs.1,20,000 per acre but reduced it by 33% because the exemplars were small plots, arriving at Rs.80,000 per …

UNION OF INDIA & ANR.versusRANCHOD & ORS.

2007 INSC 1222Appeal(s) allowed

The Government of India acquired land for firing ranges and awarded compensation to landholders, who then sought a reference under Section 18 of the Land Acquisition Act, 1894. The Reference Court enhanced the compensation, but both the landholders and the Union of India appealed to the High Court. …

LUCKNOW DEVELOPMENT AUTHORITYversusKRISHNA GOPAL LAHOTI AND ORS.

2007 INSC 1127Case Partly allowed

The Lucknow Development Authority acquired a large tract of land for a housing scheme and the Special Land Acquisition Officer fixed its market value at Rs.2.20 per sq. ft., later increased to Rs.6 per sq. ft. by the acquisition tribunal after considering sale deeds of small plots. The landowners …

DEVINDER SINGH AND ORSversusSTATE OF PUNJAB AND ORS

2007 INSC 1083Appeal(s) allowed

The appellants, owners of agricultural land in Hoshiarpur, Punjab, challenged the State's acquisition of their land for a project of International Tractors Ltd. The State issued a notification under Section 4 and a declaration under Section 6 of the Land Acquisition Act, 1894, entered into an …

M/S. GIRNAR TRADERSversusST ATE OF MAHARASHTRA AND ORS.

2007 INSC 866Disposed off

The Supreme Court examined whether the Municipal Corporation of Greater Mumbai had taken the statutory "steps" required under Section 126 of the Maharashtra Regional and Town Planning (MRTP) Act to commence acquisition of land reserved for a public purpose, after the appellants served a purchase …

RAJ KUMAR AND ORS.versusHARYANA STATE AND ORS.

2007 INSC 868Dismissed

The Supreme Court examined appeals by landowners challenging the compensation awarded for agricultural lands acquired in Hisar, Satrod Khurd and Satrod Khas, Haryana, for residential development. The Land Acquisition Collector’s award was enhanced by the Reference Court to Rs 235 per square yard for …

GAFAR AND ORS.versusMORADABAD DEVELOPMENT AUTHORITY AND ANR.

2007 INSC 840Dismissed

The Supreme Court examined appeals by land owners whose lands in the villages of Harthala, Mukkarrabpur and Sonakpur were acquired by the Moradabad Development Authority under the Land Acquisition Act, 1894. The Land Acquisition Officer (LAO) had awarded compensation of Rs 80, Rs 17.05‑Rs 170 and Rs …

MUNICIPAL COMMITIEE, PATIALAversusMODEL TOWN RESIDENTS ASSON. & ORS.

2007 INSC 799Appeal(s) allowed

The Supreme Court examined whether the Punjab Municipal Act, 1911 (as amended by the 1994 Punjab Amending Act) could levy house tax at different rates for self‑occupied and tenanted premises and whether the definition of "market value" under Section 3(8aa) was unconstitutional for lacking …

STATE OF PUNJAB AND ORS.versusSANJEET SINGH GREWAL AND ORS.

2007 INSC 724Dismissed

The Punjab Government issued notifications under Section 4 of the Land Acquisition Act to acquire 9,354 acres for the proposed new town of Anandgarh. Writ petitions challenged the acquisition, arguing that the Punjab Regional and Town Planning and Development Act, 1995 required the Board constituted …

RAM KRISHAN MAHAJANversusUNION TERRITORY OF CHANDIGARH AND ORS.

2007 INSC 725Dismissed

The Chandigarh Administration issued notifications under Section 4 of the Land Acquisition Act, 1894 to acquire lands in Mani Majra for Scheme Nos.2 and 3, which the petitioners challenged on the ground that the acquisition was not for a "building scheme" under Section 192 of the Punjab Municipal …

MADISHETTI BALA RAMUL (D) BY LRS.versusTHE LAND ACQUISITION OFFICER

2007 INSC 619Case Partly allowed

The appellants, owners of 4 acres 10 guntas of land, were dispossessed after a notification dated 16‑03‑1979 and possession taken on 18‑05‑1979. The first award covered only 1 acre 5 guntas, and the remaining 3 acres 5 guntas were later found to belong to the appellants. A second notification was …

SURAJ BHAN AND ORS.versusFINANCIAL COMMISSIONER AND ORS.

2007 INSC 424Disposed off

The appellants, descendants of Data Ram, challenged the mutation of agricultural land in favour of respondent No.5, which was based on a purported Will of Ratni Devi, a daughter of the original owner. The Supreme Court held that the genuineness of the Will is a matter for a competent civil court …

A.P. HOUSING BOARDversusMOHAMMED SADATULLAH AND ORS.

2007 INSC 416Disposed off

The Andhra Pradesh Housing Board acquired 45 acres for a housing scheme, but could take possession of only 43 acres; the remaining two acres remained occupied by hut dwellers and compensation was never paid. The land‑owners obtained a writ from the High Court declaring the acquisition award for the …

LOK SEWA SHIKSHAN MANDALversusA.R. MUNDHADA CHARITABLE TRUST AND ORS.

2007 INSC 389Dismissed

Lok Seva Shikshan Mandal sought acquisition of two parcels of land for a school and a garden. The government proceeded under the Land Acquisition Act, 1894, but the first respondent challenged the acquisition of the garden parcel (Survey No. 187/3A) by filing a writ petition. The High Court held …

RAVI KHULLARAND ANRversusUNION OF INDIA AND ORS.

2007 INSC 357Disposed off

The Supreme Court examined land acquisitions made under the Land Acquisition Act, 1894 for the "planned development of Delhi" and later for the development of Palam Airport, which were ultimately transferred to the International Airport Authority of India (IAAI). Petitioners challenged the …

KUNWAR PAL SINGH (DEAD) BY LRS.versusSTATE OF U.P. AND ORS.

2007 INSC 339Appeal(s) allowed

The State of Uttar Pradesh issued notifications under Sections 4 and 6 of the Land Acquisition Act, 1894 to acquire land for a planned development scheme. The landowners challenged the validity of the notifications and later the award made by the Land Acquisition Officer, arguing that the award was …

TAMIL NADU HOUSING BOARDversusKEERAVANI AMMAL AND ORS.

2007 INSC 295Appeal(s) allowed

The Supreme Court examined appeals filed by the State of Tamil Nadu and the Tamil Nadu Housing Board challenging a Madras High Court order that directed the re‑conveyance of land acquired under the Land Acquisition Act for a housing scheme. The writ petitioners had earlier sought de‑notification …

NUMALIGARH REFINERY LTD.versusGREEN VIEW TEA & INDUSTRIES AND ANR.

2007 INSC 298Appeal(s) allowed

The Supreme Court examined the compensation awarded for 681 bighas of tea garden land acquired under the Land Acquisition Act, 1894. The High Court had fixed compensation at Rs.10,876 per bigha for land and Rs.75 per tea bush, which the appellants argued were inadequate and excessive respectively. …

MOHAN AND ANR.versusSTATE OF MAHARASHTRA AND ORS.

2007 INSC 282Appeal(s) allowed

The appellants, land owners, challenged an award dated 4 February 2003 made under the Land Acquisition Act, 1894, arguing that it was issued beyond the two‑year period prescribed by Section 11‑A, which requires an award to be made within two years of the last publication of the declaration under …

A.V. PAPAYYA SASTRY AND ORS.versusGOVERNMENT OF A.P. AND ORS.

2007 INSC 246Dismissed

The appellants, land owners, had declared under the Urban Land (Ceiling and Regulation) Act, 1976 that their land was not surplus because it was already in the possession of the Visakhapatnam Port Trust. The competent authority accepted this and declared them non‑surplus. Subsequent land‑acquisition …

NELSON FERNANDES AND ORS.versusSPL. L.A.O. SOUTH GOA AND ORS.

2007 INSC 244Appeal(s) allowed

The Supreme Court heard appeals by Nelson Fernandes and others against the Bombay High Court’s order that reduced the compensation for land acquired for the Konkan Railway and rejected compensation for trees. The appellants argued that the High Court improperly rejected the government‑approved …

RAM PRASAD RAI @ RAM PRASAD SINGH AND ORS.versusSTATE OF BIHAR AND ORS.

2007 INSC 201Disposed off

The appellants, Ram Prasad Rai and others, challenged the legality of a land acquisition proceeding under the Land Acquisition Act, 1894, alleging that their land was to be taken by the State of Bihar. While their writ petition (CWJC No. 3232/2004) was pending, another writ petition and a …

THIRNEEDHI CHANNAIAHversusGUDIPUDI VENKATA SUBBA RAO (D) BY LRS. & ORS.

2007 INSC 177Appeal(s) allowed

The appellant entered into a sale agreement on 19 July 1981, paying Rs 50,000 as advance with the balance due by 25 February 1982, and a separate agreement stipulated forfeiture of the advance on default. Before the sale deed could be executed, a notification under Section 4(1) of the Land …

SHARADAMMAversusSPECIAL LAND ACQUISITION OFFICER AND ANR.

2007 INSC 122Appeal(s) allowed

The appellant, Sharadamma, widow of B.M. Venkataswamappa, owned land in Byappanahalli that was acquired for the expansion of the New Government Electric Factory. She claimed compensation of Rs 20 per square yard, but the Land Acquisition Officer initially awarded Rs 8,000 per acre; the Reference …

HMT LTD. AND ANR.versusMUDAPPA AND ORS.

2007 INSC 117Disposed off

The owners of a 2‑acre‑37‑guntha land (respondents) obtained a decree for possession after the watch‑factory (HMT Ltd.) had unlawfully occupied an extra 39 gunthas beyond the 1‑acre‑38‑guntha acquired in 1978. While execution of the decree was pending, HMT Ltd. requested the Karnataka Government to …

LAND ACQUISITION OFFICER, A.P.versusKAMANDANA RAMAKRISHNA RAO AND ANR.

2007 INSC 112Dismissed

The State of Andhra Pradesh acquired 385.46 acres of land for a reservoir project under Section 4(1) of the Land Acquisition Act, 1894. The Land Acquisition Officer initially awarded Rs 1,026 per acre, which the claimants contested, leading the Reference Court to award Rs 6,000 per acre on a yield …

ASHOK KUMAR AND ORS.versusSTATE OF HARYANA AND ANR.

2007 INSC 72Appeal(s) allowed

The appellants, owners of land acquired under a notification dated 20‑12‑1996 issued under Section 4(1) of the Land Acquisition Act, 1894, challenged the notification by filing a suit and obtained an interim injunction on 30‑08‑1997. The injunction was extended by the Civil Judge to specific dates, …

RAKESH KUMAR JAIN AND ANR.versusSTATEOF U.P. THR. COLLECTOR AND ANR.

2007 INSC 13Disposed off

The Agra Development Authority (respondent No.2) took forcible possession of the appellants' land on 31 August 2000 without invoking the provisions of the Land Acquisition Act. The appellants filed a civil suit for injunction, and the court ordered the authority to pay compensation of …

U.P STATE INDUSTRIAL DEVELOPMENT CORPORATIONversusRISHABH ISPAT LTD. AND ORS.

2006 INSC 1021Dismissed

The Supreme Court examined appeals by the Uttar Pradesh State Industrial Development Corporation and the claimants concerning land acquired under the Land Acquisition Act, 1894. The Court upheld the Reference Court’s award of Rs.11 per square yard for land abutting the road and Rs.9 per square yard …

PATEL JOITARAM KJALIDAS AND ORS.versusSPL. LAND ACQUISITION OFFICER AND ANR.

2006 INSC 1002Appeal(s) allowed

The petitioners, owners of land acquired under the Land Acquisition Act, 1894, obtained a compensation award from a Reference Court under Section 18 but were denied interest on the additional amount (Section 23(1A)) and solatium (Section 23(2) ) following the then‑law of Prem Nath Kapoor (1996). The …

THE DEPUTY DIRECTOR LAND ACQUISITIONversusMALLA ATCHINAIDU AND ORS.

2006 INSC 1000Disposed off

The case concerned the acquisition of 19.87 acres of land in Andhra Pradesh and the award of compensation for the land and palmyrah and cashew trees standing thereon. The Sub‑Judge enhanced the land compensation to Rs 55,000 per acre and increased the per‑tree rates, but retained the original count …

P.K. SREEKANTAN AND ORS.versusP. SREEKUMARAN NAIR AND ORS.

2006 INSC 946Disposed off

The State acquired 2.8 hectares of land for a market and fixed a compensation award of Rs.45,08,111. Several claimants, including P.K. Sreekantan, filed applications under Section 18 of the Land Acquisition Act, 1894 seeking a reference to a court for enhancement of compensation. The Reference …

CHANDRIKA SINGH (DEAD) BY LRS. AND ANR.versusSARJUG SINGH AND ANR.

2006 INSC 933Appeal(s) allowed

The case concerned land acquired under the Land Acquisition Act that had been mutated in the name of Damoder Mahto. After Damoder's death, his widow Koleshra Devi (Kaulashwari) possessed a share of the land in lieu of maintenance. She executed a deed of gift on 7 May 1960 in favour of the …

DAULAT SINGH SURANA AND ORS.versusFIRST LAND ACQUISITION COLLECTOR AND ORS.

2006 INSC 838Dismissed

The appellant, Daulat Singh Surana, owned premises that had been requisitioned and used by the West Bengal Government since 1943 as the office and residence of the Deputy Commissioner of Police (Security Control). The State issued a notification under Section 4 and a declaration under Section 6 of …

SHYAMALI DASversusILLA CHOWDHRY AND ORS.

2006 INSC 781Dismissed

The appellant, Shyamali Das, claimed ownership of land acquired by the West Bengal Housing Board and filed a suit for injunction and declaration of title. She also sought to be impleaded in the reference proceedings under the Land Acquisition Act, but the Land Acquisition Judge dismissed her …

GANPATIBAI AND ANR.versusSTATE OF M.P. AND ORS.

2006 INSC 540Appeal(s) allowed

The appellants challenged a scheme under the M.P. Nagar Tatha Gram Nivesh Adhiniyam, 1973, and the consequent notification (Sec. 4) and declaration (Sec. 6) issued under the Land Acquisition Act, 1894. They filed a civil suit in 1990, which was held non‑maintainable by the civil court in 2001. …

STATE OF WEST BENGAL AND ORS.versusSRI SRI LAKSHMI JANARDAN THAKUR AND ORS.

2006 INSC 530Appeal(s) allowed

The State of West Bengal initiated proceedings under the West Bengal Land Reforms Act, 1955 to determine whether the land held by the deity Sri Sri Lakshmi Janardan Thakur constituted a public or private religious endowment. The Revenue Officer and subsequent appellate authorities held the endowment …

THE STATE OF PUNJABversusHARCHAL SINGH (DEAD) THROUGH LRS.

2006 INSC 355Dismissed

The State of Punjab acquired "Chahi" land in Kambali village for the expansion of an industrial focal point under a Section 4 notification of the Land Acquisition Act, 1894. The Land Acquisition Officer initially awarded Rs 85,000 per acre, which the District Judge upheld, but the High Court raised …

CHAIRMAN, NEYVELI LIGNITE CORPN. LTD.versusC. GOVINDA PADAYACHI AND ANR.

2006 INSC 194Appeal(s) allowed

The appellant, Chairman, Neyveli Lignite Corp., acquired land under the Land Acquisition Act, 1894 and paid compensation to the respondent, C. Govinda Pada Yachi, as determined by the Collector and later enhanced by a reference court. The High Court directed the appellant to deposit the enhanced …

UNION OF INDIAversusMUNSHI RAM (DEAD) BY LRS. AND ORS.

2006 INSC 132Appeal(s) allowed

The Union of India acquired land for the Hissar Cantonment extension and the Collector awarded compensation, which was enhanced by a reference under Section 18 of the Land Acquisition Act, 1894. The Reference Court and later the High Court further increased the compensation, but the Supreme Court …

RISHI PAL SINGH AND ORS.versusMEERUT DEVELOPMENT AUTHORITY AND ANR.

2006 INSC 108Appeal(s) allowed

The Meerut Development Authority acquired about 180 acres of land under Section 4 of the Land Acquisition Act, 1894, and the Special Land Acquisition Officer fixed its market value at Rs.30 per square yard. The Reference Court, hearing a claim under Section 18, determined a compensation rate of …

COMPETENT AUTHORITYversusBARANGORE JUTE FACTORY AND ORS.

2005 INSC 585Dismissed

The Supreme Court examined a Central Government notification under Section 3A of the National Highways Act, 1956 that sought to acquire land for a highway. The petitioners argued that the notification failed to give a brief description of the land and lacked a plan, rendering it invalid. The Court …

PATTAMMAL AND ORS.versusUNION OF INDIA AND ANR.

2005 INSC 550Disposed off

The Supreme Court examined the fixation of market value for lands acquired under the Land Acquisition Act for a stadium in Karaikal. The Reference Court had classified the lands as potential house sites and fixed the market value at Rs.13,500 per acre, while the Madras High Court reduced it to …

UNION OF INDIAversusHARINDER PAL SINGH AND ORS.

2005 INSC 529Dismissed

The Union of India sought to acquire 3,512.33 acres in five villages for the extension of the Amritsar Cantonment. The Collector awarded compensation based on land categories, but claimants obtained enhanced compensation through the belting method in the District Court. The Punjab and Haryana High …

BANGALORE DEVELOPMENT AUTHORITY AND ORS.versusR. HANUMAIAH AND ORS.

2005 INSC 471Appeal(s) allowed

The Bangalore Development Authority (BDA) acquired land for the Koramangala layout under the Mysore/Land Acquisition Acts, paid compensation and took possession. The predecessor Board of Trustees (CITB) passed a 1972 resolution to re‑convey 6 acres 20 guntas to R. Hanumaiah, subject to the …

HINDUSTAN PETROLEUM CORPORATION LTD.versusDARIUS SHAPUR CHENAI AND ORS.

2005 INSC 433Dismissed

Hindustan Petroleum Corporation Ltd., a former tenant, sought to acquire land it occupied after an eviction suit was decreed against it. The State issued a notification under Section 4 of the Land Acquisition Act, 1894, and after the landowner filed objections under Section 5‑A, the Collector …

RANVIR SINGH AND ANR.versusUNION OF INDIA

2005 INSC 408Disposed off

The Union of India issued four notifications under Section 4(1) of the Land Acquisition Act, 1894 to acquire land in Delhi’s village Rithala. Different compensation rates were awarded by the Land Acquisition Officer, enhanced by a Reference Court, and further increased by the Delhi High Court …

UNION OF INDIAversusPRAMOD GUPTA (D) BY LRS. AND ORS.

2005 INSC 409Disposed off

The case concerned the acquisition of about 5,000 bighas of land in Masoodpur for the construction of Jawaharlal Nehru University. The Union of India appealed against the Delhi High Court’s award of compensation based on questionable valuation methods, the grant of interest during a stay, and the …

MAHADEO BAJIRAO PATILversusSTATE OF MAHARASHTRA AND ORS.

2005 INSC 404Dismissed

The appellant, a lessee of land acquired for a railway project, was denied compensation when the Special Land Acquisition Officer declared a "nil award" on 29‑8‑1994, awarding compensation only to the land owners. A telegram sent on 18‑9‑1994, received on 20‑9‑1994, served as notice under Section …

GOVT. OF A.P. AND ORS.versusKOLLUTLA OBI REDDY AND ORS.

2005 INSC 351Appeal(s) allowed

The case concerned lands acquired under the Land Acquisition Act, 1894 and the Nagarjuna Sagar Project (Acquisition of Lands) Act, 1956. Original acquisition and awards were made in the early 1980s; fresh notifications were issued in 1991 and market values were fixed in 1992 pursuant to the amended …

G.M., O.N.G.C. LTDversusSENDHABHAI VASTRAM PATEL AND ORS.

2005 INSC 345Dismissed

The appellant, G.M. O.N.G.C. Ltd., challenged the compensation awarded for land acquired by the Gujarat State under the Land Acquisition Act, 1894. The Land Acquisition Collector had fixed a market value of Rs.1.55 per sq. m. based on deeds of sale, but the Reference Court enhanced it to Rs.10 per …

ISHWAR DUTTversusLAND ACQUISITION COLLECTOR AND ANR.

2005 INSC 326Appeal(s) allowed

The Supreme Court examined a dispute arising from the acquisition of land for a road project in Himachal Pradesh, where possession was taken in 1968 but formal acquisition under Section 4 of the Land Acquisition Act, 1894 was delayed. A 1985 public‑interest writ directed the State to complete …

VILUBEN JHALEJAR CONTRACTOR (D) BY LRS.versusSTATE OF GUJARAT

2005 INSC 204Disposed off

The appellants' lands were acquired in 1980 under the Land Acquisition Act, 1894 for submergence by the Kadana Dam. The dispute centered on how to determine the market value of the acquired lands, whether deductions for development and for the largeness of the tract could both be made, the …

INDORE DEVELOPMENT AUTHORITYversusSHRIKRISHNA OIL MILLS AND ORS.

2005 INSC 199Appeal(s) allowed

The Supreme Court examined whether the Indore Development Authority could lawfully approve Town Development Scheme No. 78 after the earlier Improvement Trust had invited objections under the Trust Act. The Court held that the Authority duly complied with the procedure prescribed by the Madhya …

STATE OF KARNATAKA AND ANR.versusSANGAPPA DYAVAPPA BIRADAR AND ORS.

2005 INSC 167Appeal(s) allowed

The Karnataka State Government acquired land for a canal project and, after negotiations, entered into consent agreements with the landowners, resulting in consent awards that included market value, solatium and additional market value. The landowners received the compensation and thereafter filed …

NARMADA BACHAO ANDOLANversusUNION OF INDIA AND ORS.

2005 INSC 142Disposed off

The Supreme Court examined applications by project‑affected families (PAFs) from Madhya Pradesh seeking rehabilitation benefits under the Narmada Water Disputes Tribunal (NWDT) award after the Sardar Sarovar Dam was raised to 110 metres. The petitioners argued that both permanently and temporarily …

H.P. STATE ELECTRICITY BOARD AND ORS.versusSHIV K. SHARMA AND ORS.

2005 INSC 19Dismissed

The Himachal Pradesh State Electricity Board purchased land that, according to the sale deed, provided Shiv K. Sharma and others a right of access through a passage. After the State Government acquired the land for a sub‑station, it fenced the passage, blocking the respondents' access. The …

SATLUJ JAL VIDYUT NIGAM LTD. AND ANR.versusDILA RAM AND ORS.

2005 INSC 13Appeal(s) allowed

The appellant corporation acquired agricultural land jointly held by a family for a hydro‑electric project under Section 4 of the Land Acquisition Act, 1894 and formulated a Resettlement and Rehabilitation Scheme for land‑less families. One brother obtained a land‑less certificate and was granted …

ASSTT. COMMISSIONER-CUM-LAND ACQUISITION OFFICER, BELLARYversusSRI S.T. POMPANNA SETTY

2004 INSC 728Case Partly allowed

The State appealed the award of compensation for 5.99 acres of land acquired for a tank restoration, where the land bore fruit‑bearing trees. The Reference Court had valued the land on a yield basis, multiplying the income from the trees by a 15‑year capitalization factor and awarded Rs 5 lakh (the …

FULCHAND BHAGWANDAS GUGALE AND ANR.versusSTATE OF MAHARASHTRA AND ORS.

2004 INSC 677Appeal(s) allowed

The appellants challenged a notification under Section 4 of the Land Acquisition Act, 1894 issued for acquiring their agricultural land, and the subsequent cancellation of that notification by a Sub‑Divisional Officer (SDO) under Section 5A. The SDO’s order was set aside by the Additional …

JAYA CHANDRA MOHAPATRAversusLAND ACQUISITION OFFICER, RAYAGADA

2004 INSC 663Appeal(s) allowed

The appellant’s lands were acquired under the Land Acquisition Act, 1894 and an award was passed in 1981. The reference court enhanced the compensation in 1990 but failed to grant the statutory benefits under Sections 23(1A), 23(2) and 28 of the Act as amended by the 1984 Amendment Act. Subsequent …

M/S. AHAD BROTHERSversusSTATE OF M.P. AND ANR.

2004 INSC 659Disposed off

The appellant, Ahad Brothers, owned 16.81 acres that were acquired by the State of Madhya Pradesh under the Land Acquisition Act, 1894, and were awarded compensation treating them as owners. Unsatisfied with the compensation, the appellant sought a reference under Section 18, which the Reference …

GOVERNMENT OF A.P. AND ANR.versusSYED AKBAR

2004 INSC 661Appeal(s) allowed

The State of Andhra Pradesh had acquired land under the Land Acquisition Act, 1894 for a road project, but a portion remained unused. The original owner, Syed Akbar, sought reconveyance of the unused portion relying on Standing Order No. 90(32) of the Andhra Pradesh Board of Revenue. A single High …

M/S. GIRNAR TRADERSversusSTATE OF MAHARASHTRA AND ORS.

2004 INSC 606Matter referred to larger bench

Girnar Traders, a partnership firm, owned land reserved under the Jalgaon Development Plan. After the State Government confirmed the firm's purchase notice, the municipal council failed to acquire the land under the Maharashtra Regional and Town Planning Act (M.R.T.P. Act). The State later declared …

DES RAJ (DECEASED) THROUGH LRS. AND ORS.versusUNION OF INDIA AND ANR.

2004 INSC 570Appeal(s) allowed

The appellants' agricultural lands were acquired under a 1965 notification under Section 4 of the Land Acquisition Act, 1894 and an award of Rs 2,000 per bigha was made in 1969. They, together with other claimants, obtained a reference under Section 18 which raised the award to Rs 2,200, and the …

SPECIAL LAND ACQUISITION OFFICERversusINDIAN STANDARD METAL CO. LTD.

2004 INSC 566Case Partly allowed

The State acquired about 21 hectares of land owned by Indian Standard Metal Co. Ltd. (the claimant) under a notification issued on 3 February 1970 pursuant to Section 4 of the Land Acquisition Act, 1894. The claimant had earlier purchased part of the land in 1964‑65 and received a portion of the …

MEHER RUSI DALALversusUNION OF INDIA AND ORS.

2004 INSC 360Disposed off

The Union of India (respondent) had taken over property for war purposes and later agreed to acquire it, resulting in a compensation award. The Union later sought to withdraw from the acquisition and to set aside the award, which was denied, and subsequently applied for apportionment of its share …

UNION OF INDIA AND ORS.versusKRISHAN LAL ARNEJA AND ORS.

2004 INSC 322Dismissed

Fourteen properties requisitioned by the Union of India were later notified for acquisition under Sections 4 and 17(1)&(4) of the Land Acquisition Act, 1894. The High Court had quashed the notification on the ground that there was no urgency and that the owners' right to object under Section 5A was …

UNION OF INDIA AND ORS.versusM/S. BANWARI LAL AND SONS (P) LTD.

2004 INSC 252Appeal(s) allowed

The Union of India sought to set aside an arbitration award that granted damages to Mis. Banwari Lal & Sons for the use of a commercial property requisitioned under the Requisitioning and Acquisition of Immovable Property Act, 1952. The Act lapsed on 10‑Mar‑1987, after which the Court permitted the …

GAON SABHA AND ANR.versusNATHI AND ORS.

2004 INSC 197Appeal(s) allowed

The Supreme Court examined a dispute over compensation for land acquired under the Land Acquisition Act, where the land was recorded as Gair Mumkin Pahar. The appellants, Gaon Sabha, argued that the land vested in the Gaon Sabha under the Delhi Land Reforms Act and that the private respondents were …

KIRAN TANDONversusALLAHABAD DEVELOPMENT AUTHORITY AND ANR.

2004 INSC 199

The Allahabad Development Authority acquired land that had been leased by the State Government to Ravindra Kumar Tandon (later Kiran Tandon). The lease expired on 8 June 1987, but the Authority took possession on 16 June 1987. The claimant sought full compensation, while the Authority and the State …

THIAGARAJAN AND ORS.versusSRI VENUGOPALASWAMY B. KOIL AND ORS.

2004 INSC 176Appeal(s) allowed

The appellants filed a suit for declaration of title and permanent injunction over ancestral A and B Schedule properties, claiming inheritance rights. The trial court dismissed the suit, but the first appellate court allowed it, finding the appellants entitled to the properties. The respondents …

R.L. JAIN (D) BY LRS.versusDDA AND ORS.

2004 INSC 166Dismissed

The case concerned a plot of land that the original owner, R.L. Jain, bought at a public auction on the basis that it lay outside a 1959 preliminary acquisition notification. The government later took possession of the plot in 1961 and awarded compensation, which Jain accepted under protest. He …

M/S. JAI DURGA FINVEST PVT. LTD.versusSTATE OF HARYANA AND ORS.

2004 INSC 1Appeal(s) allowed

Mish. Jai Durga Finvest Pvt. Ltd. obtained a mining lease for mineral sand in the Bega Murtha zone of Haryana and entered into an agreement containing clauses requiring payment of compensation to land owners (clause 9) and obligating the State to determine such compensation (clause 27). The land …

UNION OF INDIAversusSAVJIRAM AND ANR.

2003 INSC 727Case Partly allowed

The Union of India acquired land in Madhya Pradesh for a project, and the landowners had houses on the land. The Land Acquisition Officer deducted a 5% depreciation from the valuation of the houses, which the landowners contested. The reference court held that no depreciation should be deducted and …

PANNA LAL GHOSH AND ORS.versusLAND ACQUISITION COLLECTOR AND ORS.

2003 INSC 711Case Partly allowed

The appellants, owners of land acquired in Tripura under the Land Acquisition Act, 1894, received an award of Rs.12,000 per acre in 1974, which was later enhanced by the Reference Court to Rs.36,000 per acre with a 15% solatium and interest. They appealed to the High Court seeking further …

BRIJ BEHARI SAHAI (DEAD) THROUGH LRS. ETC. ETC.versusSTATE OF UTTAR PRADESH

2003 INSC 679Appeal(s) allowed

The State of Uttar Pradesh sought acquisition of lands that had been held by the heirs of Rana family under a perpetual lease and for which ground rent was periodically payable. The claimants, represented by the estate of B.B. Saha, argued that they were entitled to compensation as lessees, while …

STATE OF U.P. AND ORS.versusLALJI TANDON (DEAD) THROUGH LRS.

2003 INSC 594Dismissed

The State of Uttar Pradesh leased a 5‑acre government parcel for 50 years in 1887 with a covenant allowing the lessee to renew for another 50 years. The original lessee transferred his interest to Lalji Tandon, who, as assignee, exercised the renewal option and obtained a fresh lease on 20‑Feb‑1945 …

DELHI ADMINISTRATION AND ORS.versusMADAN LAL NANGIA AND ORS.

2003 INSC 531Disposed off

The Supreme Court examined the acquisition of several parcels of land in Delhi that were claimed to be evacuee properties. The petitioners argued that the acquisition, made under the Section 4 notification of 23 January 1965, was invalid because earlier notifications had excluded evacuee lands and …

BIHAR STATE HOUSING BOARDversusSTATE OF BIHAR AND.ORS.

2003 INSC 454Appeal(s) allowed

The Bihar State Housing Board acquired land under the Land Acquisition Act, 1894. A preliminary notification was published in the Gazette on 16‑Mar‑1989, in two newspapers on 29‑Apr‑1989 and locally on 20‑Mar‑1989. The declaration of acquisition was published in the Gazette on 1‑Feb‑1990, in two …

SMT. KANAK AND ANR.versusU.P. AVAS EVAM VIKAS PARISHAD AND ORS.

2003 INSC 441Disposed off

The Supreme Court examined a dispute arising from a housing scheme originally framed by Agra Nagar Mahapalika under the U.P. Nagar Mahapalika Act, 1959, whose execution was later transferred to the U.P. Avas Evam Vikas Parishad (Parishad). Owners of the acquired land, dissatisfied with the …

TEJUMAL BHOJWANI (DEAD) THROUGH LRS. AND ORS.versusSTATE OF U.P.

2003 INSC 424Disposed off

The petitioners, owners of a large tract of land in Sitapur, Uttar Pradesh, challenged the compensation awarded by the U.P. Awas Evam Vikas Parishad under its 1965 Adhiniyam for land acquired for a housing scheme. The Land Acquisition Officer had offered Rs 2‑3 per sq ft and separate amounts for …

STATE OF MAHARASHTRA AND ORS.versusMAIMUMA BANU AND ORS.

2003 INSC 366Case Partly allowed

The State of Maharashtra acquired lands of the respondents by private negotiations before a Section‑4 notification under the Land Acquisition Act, 1894 and later issued a Section‑6 notification. Government resolutions stipulated payment of rental compensation to the title‑holders, but the …

PRATIBHA NEMA AND ORS.versusSTATE OF M.P. AND ORS.

2003 INSC 344Dismissed

The State of Madhya Pradesh, acting on an industrial policy, notified the acquisition of 73.3 hectares of private land for the establishment of a "diamond park" and later issued a declaration under Section 6 of the Land Acquisition Act. The land was to be allotted to private companies, notably B. …

STATE OF ANDHRA PRADESH AND ANR.versusMARRI VENKAIAH AND ORS.

2003 INSC 339Appeal(s) allowed

The Supreme Court examined whether an application under Section 28‑A of the Land Acquisition Act, 1894 must be filed within three months of the civil court’s award or from the date the applicant actually learns of the award. The land in question was acquired by a common notification, an award was …

SAVITRI CAIRAEversusU.P. AVAS EVAM VIKAS PARISHAD AND ANR.

2003 INSC 271Disposed off

The Uttar Pradesh Avas Evam Vikas Parishad (Parishad) acquired land under its 1965 Adhiniyam and awarded compensation through a Special Land Acquisition Officer. Claimants dissatisfied with the award approached a reference court, which enhanced compensation, solatium and interest, and awarded …

VIRENDER SINGH AND ORS.versusUNION OF INDIA

2003 INSC 251Appeal(s) allowed

The petitioners, Virender Singh and others, challenged the compensation awarded for land acquired in 1959 under the Land Acquisition Act, 1894, arguing that the market value should be higher than the Rs.10,000 per Bigha fixed by the Reference Court and affirmed by the Delhi High Court. The High …

CHARANJIT KAUR (DEAD) THR. PROPOSED LRS.versusUNION OF INDIA AND ORS.

2003 INSC 219Appeal(s) allowed

The case concerned appeals arising from a land acquisition proceeding under the Land Acquisition Act, 1894, where the claimants sought compensation and the Union of India contested the percentage of deduction for development costs. The High Court had segregated the appeals of the land owners from …

M/S. AHUJA INDUSTRIES LTD.versusSTATE OF KARNATAKA AND ORS.

2003 INSC 212Dismissed

Ahuja Industries Ltd purchased a parcel of land but its title was not entered in the revenue records. The Karnataka government acquired the land for industrial development under the Karnataka Industrial Areas Development Act, 1966, issuing a preliminary notification under Section 28(1) on 3 Oct 1997 …

VED PRAKASH AND ORS.versusMINISTRY OF INDUSTRY, LUCKNOW AND ANR.

2003 INSC 165Dismissed

The appellants challenged the acquisition of about 496 acres of land under the Land Acquisition Act, 1894, claiming the land was "abadi" and therefore exempt under Uttar Pradesh's policy not to acquire village settlements. The Supreme Court in Om Prakash v. State of U.P. directed that the parties …

STATE OF ANDHRA PRADESH AND ORS.versusGOVERDHANLAL PITTI

2003 INSC 162Appeal(s) allowed

The State of Andhra Pradesh was occupying a century‑old school building owned by GoverdhAnlal Pitti under a tenancy. The landlord obtained an eviction order from the High Court, which also directed the State to vacate the premises. While the eviction was pending, the State initiated acquisition …

TEJ KAUR AND ORS. ETC.versusSTATE OF PUNJAB AND ORS.

2003 INSC 152Dismissed

The appellants' lands were acquired under the Land Acquisition Act, 1894 for an "Industrial Focal Point" in Punjab. After a notification on 7 May 1991, they filed objections on 13 June 1991; a Section 6 declaration was made on 18 March 1992 and the award was passed on 15 March 1994. The appellants …

MAHARASHTRA STATE ROAD TRANSPORT CORPORATIONversusSTATE OF MAHARASHTRA AND ORS.

2003 INSC 137Dismissed

The Maharashtra State Road Transport Corporation initiated land acquisition under the Maharashtra Regional Town Planning Act (MRTP Act) and the Land Acquisition Act. After the acquisition, the Central Act 68 of 1984 amended the Land Acquisition Act, adding benefits such as interest on compensation …

RAVINDER NARAIN AND ANR.versusUNION OF INDIA

2003 INSC 129Disposed off

The appellants challenged the compensation awarded for land acquired under the Land Acquisition Act, 1894, arguing that the market value fixed by the Collector and affirmed by the High Court was too low. The High Court had fixed compensation by averaging rates of residential and shop plots and …

S.A. JALALUDDINversusBANGALORE DEVELOPMENT AUTHORITY AND ANR.

2003 INSC 127Dismissed

S.A. Jalaluddin challenged a notification issued under Section 18(1)(a) of the City of Bangalore Improvement Act, 1945, which incorporated a two‑year limitation for issuing a declaration under Section 6 of the Land Acquisition Act, as introduced by the Karnataka Amendment of 1967. He argued that the …

CHIEF CONSERVATOR OF FORESTS GOVT. OF A.P.versusTHE COLLECTORS AND ORS.

2003 INSC 104Dismissed

The Chief Conservator of Forests of Andhra Pradesh filed a writ petition challenging an order of the Commissioner of Survey, Settlement and Land Record concerning title to certain lands, without joining the State as a party. The same issue was pursued in a civil appeal after a suit by the pattedars …

SUBAL PAULversusMALINA PAUL AND ANR.

2003 INSC 79Dismissed

The appellant, son of the testator, applied for probate of his father's will. The Additional District Judge rejected the application, but the Gauhati High Court, on appeal under Section 299 of the Indian Succession Act, 1925, granted letters of administration. The respondents filed a letters‑patent …

DAYAL SINGH AND ORS.versusUNION OF INDIA AND ORS.

2003 INSC 44Dismissed

The appellants' lands were requisitioned and later acquired for a military cantonment under the Defence of India Act and the Requisitioning and Acquisition of Immovable Property Act, 1952. They entered into compensation agreements under the 1952 Act, but later sought higher compensation, solatium …

GHAZIABAD DEVELOPMENT AUTHORITYversusANOOP SINGH AND ANR.

2003 INSC 30Case Partly allowed

The Ghaziabad Development Authority acquired about 6,200 sq. yards of land in 1964‑67. The original award fixed the market value at Rs 2 per sq. yard; claimants sought reference and claimed Rs 20 per sq. yard, later amended to Rs 100 per sq. yard under the CPC. The Reference Court awarded Rs 40 per …

SHARDA DEVIversusSTATE OF BIHAR AND ANR.

2003 INSC 7Appeal(s) allowed

The State of Bihar acquired land and the Collector awarded compensation to Sharda Devi, who claimed title as a raiyat. The State later sought a reference to the civil court under Section 30 of the Land Acquisition Act, 1894, asserting that the land actually belonged to the State and that the award …

THE STATE OF TRIPURA AND ANR.versusROOPCHAND DAS AND ORS.

2002 INSC 509Dismissed

The petitioners, landowners, sought redetermination of compensation under Section 28-A of the Land Acquisition Act, 1894, filing applications after a later award by the Reference Court. The Land Acquisition Collector rejected the petitions, holding that the three‑month limitation period must be …

BHAVNAGAR UNIVERSITYversusPALITANA SUGAR MILL PVT, LTD. AND ORS.

2002 INSC 505Dismissed

The State of Gujarat reserved land for public purposes under the Gujarat Town Planning and Urban Development Act, 1976 and published a final development plan on 3 March 1986. The ten‑year period for acquisition expired on 2 March 1996, but a draft revised plan was issued on 20 February 1996. …

THE JALANDHAR IMPROVEMENT TRUSTversusTHE STATE OF PUNJAB AND ORS.

2002 INSC 498Dismissed

The Jalandhar Improvement Trust appealed against a High Court order that dismissed its writ challenging the Land Acquisition Collector's decision to grant enhanced compensation to a mother (the fourth respondent) under Section 28A of the Land Acquisition Act, 1894. The land had been acquired in 1978 …

KASTURI AND ORS.versusSTATE OF HARYANA

2002 INSC 463Dismissed

The State of Haryana acquired about 84 acres of agricultural land for the development of residential and commercial sectors. After a reference under Section 18 of the Land Acquisition Act, 1894, the District Judge fixed a uniform compensation of Rs.125 per square yard. The High Court Single Judge …

NORTHERN INDIAN GLASS INDUSTRIESversusJASWANT SINGH AND ORS.

2002 INSC 451Appeal(s) allowed

Northern Indian Glass Industries obtained land in Haryana for a glass factory under the Land Acquisition Act, 1894. After the award and payment of compensation in 1974, the landowners sought enhanced compensation, which was granted by the High Court in 1988. Seventeen years later, the landowners …

NAGPUR IMPROVEMENT TRUSTversusVASANTRAO AND ORS.

2002 INSC 408Dismissed

The Supreme Court examined whether the provisions of the Land Acquisition Act, 1894 (especially sections 6, 23(1‑A), 23(2) and 28) were incorporated into three State Acts – the Punjab Town Improvement Act, the Nagpur Improvement Trust Act and the Uttar Pradesh Awas Evam Vikas Parishad Act – or …

URBAN IMPROVEMENT TRUST, UDAIPURversusBHERU LAL AND ORS.

2002 INSC 402Disposed off

The Urban Improvement Trust, Udaipur sought to acquire land for a housing scheme under the Rajasthan Urban Development Act. The State of Rajasthan issued a notification under Section 4(1) of the Land Acquisition Act, 1894, first published in newspapers in 1990 and later in the official gazette on 4 …

UNION OF INDIAversusHANSOLI DEVI & ORS.

2002 INSC 379Reference answered

The Supreme Court examined the scope of Section 28‑A of the Land Acquisition Act, 1894, which allows a fresh application for re‑determination of compensation. It considered whether a dismissal of an application under Section 18 on the ground of delay amounts to "not filing an application" within the …

K.M SHARMAversusINCOME TAX OFFICER, WARD 13 (7) NEW DELHI

2002 INSC 190Appeal(s) allowed

K.M. Sharma received compensation and interest for land acquired under the Land Acquisition Act. The Income Tax Department issued reassessment notices under Section 148 for assessment years 1968-69 to 1971-72 and 1981-82, alleging tax on the interest received. Sharma contended that the reassessments …

MUNITHIMMAIAHversusSTATE OF KARNATAKA AND ORS.

2002 INSC 172Dismissed

The appellant, Munithimmaiah, owned land that was acquired under the Bangalore Development Authority (BDA) Act, 1976 for a development scheme. An award of acquisition was passed in 1995, but the appellant challenged it, invoking the limitation periods prescribed in Sections 6 and 11‑A of the Land …