SUNIL KUMAR JAIN versus KISHAN AND ORS.

SUNIL KUMAR JAIN versus KISHAN AND ORS.

Agreement holder is not entitled to compensation for land acquired under the Land Acquisition Act if the agreement of sale is executed after the s.4(1) notification; compensation must be paid to the undoubted owner as per the notification.

Parties
Petitioner: Sunil Kumar Jain; Respondents: Kishan and Ors.
Jurisdiction
India
Judgment Date
27 April 1995
Procedural Posture
Special Leave Petition (civil) / Supreme Court Decision
Outcome
Petition dismissed
Legal Topics
Agreement of Sale After Acquisition Notification, Title to Compensation Under Land Acquisition Act, Section 4 Notification, Section 30 Reference
Property Law Land Acquisition Agreement of Sale After Acquisition Notification Title to Compensation Under Land Acquisition Act Section 4 Notification Section 30 Reference

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Parties

Sunil Kumar Jain

Petitioner

Kishan and Ors.

Respondents

Procedural Posture

Special Leave Petition (civil) / Supreme Court Decision

Legal Issues

  1. 1 Whether Government is bound by an agreement of sale executed after s.4(1) notification under Land Acquisition Act
  2. 2 Whether agreement holder is entitled to compensation for acquired land

Ratio Decidendi

Agreement holder is not entitled to compensation for land acquired under the Land Acquisition Act if the agreement of sale is executed after the s.4(1) notification; compensation must be paid to the undoubted owner as per the notification.

Court Disposition

Petition dismissed

Orders

  • Compensation directed to be paid to respondents as per s.4 notification
  • Petitioner may pursue claim under s.30 of the Land Acquisition Act if available