JAGDISH SINGH AND ANR. versus UNION OF INDIA AND ANR.

JAGDISH SINGH AND ANR. versus UNION OF INDIA AND ANR.

The High Court's method of assessing compensation based on municipal limits due to lack of precise evidence was upheld. The claimants are not entitled to enhanced benefits under Sections 23(1-A), 23(2), and 28 as amended by Act 68 of 1984 due to the dates of acquisition and awards.

Parties
Appellants/claimants: Jagdish Singh and Anr.; Respondents: Union of India and Anr.
Jurisdiction
India
Judgment Date
29 March 1995
Procedural Posture
Civil Appeal / Post High Court Appeal and Before Supreme Court (final Disposal)
Outcome
Claimants' appeals dismissed; State appeals allowed to limited extent regarding Amended Act benefits; no order as to costs.
Legal Topics
Market Value Determination, Application of Amending Act 68 of 1984, Solatium and Interest Under Land Acquisition Act
Land Acquisition Compensation Law Market Value Determination Application of Amending Act 68 of 1984 Solatium and Interest Under Land Acquisition Act

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Parties

Jagdish Singh and Anr.

Appellants/claimants

Union of India and Anr.

Respondents

Procedural Posture

Civil Appeal / Post High Court Appeal and Before Supreme Court (final Disposal)

Legal Issues

  1. 1 Whether compensation for acquired land should be determined land-wise or by village/municipal limits basis
  2. 2 Whether claimants are entitled to enhanced compensation and benefits under Sections 23(1-A), 23(2), and 28 as amended by Act 68 of 1984

Ratio Decidendi

The High Court's method of assessing compensation based on municipal limits due to lack of precise evidence was upheld. The claimants are not entitled to enhanced benefits under Sections 23(1-A), 23(2), and 28 as amended by Act 68 of 1984 due to the dates of acquisition and awards.

Court Disposition

Claimants' appeals dismissed; State appeals allowed to limited extent regarding Amended Act benefits; no order as to costs.

Orders

  • Delay in filing the Special Leave Petition and substitution applications condoned.
  • Leave granted in all matters.