DHARNIDHAR MISHRA (D) AND ANOTHER versus STATE OF BIHAR AND OTHERS

DHARNIDHAR MISHRA (D) AND ANOTHER versus STATE OF BIHAR AND OTHERS

The Supreme Court held that the Division Bench's order was non-speaking and failed to inquire into why no award was passed in 1977 and on what basis the figure of Rs 4,68,099 was assessed; delay/laches could not be applied without such inquiry in a continuing cause of action; the impugned order was set aside and the matter remitted to the High Court for fresh consideration consistent with Article 300-A and the Court's observations.

Parties
Appellants: Dharnidhar Mishra and Another; Respondents: State of Bihar and Others
Jurisdiction
India
Judgment Date
13 May 2024
Procedural Posture
Civil Appeal (civil Appeal No. 6351 of 2024) / Appeal to the Supreme Court From Division Bench Order Dated 07.02.2023 in LPA No. 997 of 2019 of the High Court of Judicature at Patna
Outcome
Appeal allowed
Legal Topics
Payment of Compensation, Assessment of Compensation, Delay and Laches, Article 300 a, Dispossession From Property
Land Acquisition Act, 1894 Constitutional Law Property Law Payment of Compensation Assessment of Compensation Delay and Laches Article 300 a Dispossession From Property

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Parties

Dharnidhar Mishra and Another

Appellants

State of Bihar and Others

Respondents

Procedural Posture

Civil Appeal (civil Appeal No. 6351 of 2024) / Appeal to the Supreme Court From Division Bench Order Dated 07.02.2023 in LPA No. 997 of 2019 of the High Court of Judicature at Patna

Legal Issues

  1. 1 Whether the High Court erred in directing the appellant to file an application for disbursement based on an assessed figure of Rs 4,68,099 without explaining the basis or timing of that assessment
  2. 2 Whether the State failed to pass an award of compensation following the 1977 acquisition
  3. 3 Whether delay and laches bar the appellant's claim after prolonged inaction by the State

Ratio Decidendi

The Supreme Court held that the Division Bench's order was non-speaking and failed to inquire into why no award was passed in 1977 and on what basis the figure of Rs 4,68,099 was assessed; delay/laches could not be applied without such inquiry in a continuing cause of action; the impugned order was set aside and the matter remitted to the High Court for fresh consideration consistent with Article 300-A and the Court's observations.

Court Disposition

Appeal allowed

Orders

  • Impugned order of the High Court dated 07.02.2023 set aside
  • Matter remitted to the High Court of Judicature at Patna for fresh consideration