MURARI AND ORS. versus UNION OF INDIA AND ORS.

MURARI AND ORS. versus UNION OF INDIA AND ORS.

The Supreme Court held that the acquisition proceedings could not be quashed despite long delay because a substantial part of the delay was attributable to objections and litigation by landowners and because public interest and developments weighed against quashing; multiple declarations/awards from a single Section 4 notification are validated by the 1967 amendment and precedent; Article 31-A does not change the statutory rule that market value is to be fixed as of the date of Section 4 notification under Sections 11 and 23; release/withdrawal requires formal denotification; accordingly appeals were dismissed and transfer cases were allowed only to the extent of directing payment of...

Parties
Appellants: Murari and Ors.; Respondents: Union of India and Ors.
Jurisdiction
India
Judgment Date
01 November 1996
Procedural Posture
Transferred Cases and Appeals (civil Appellate Jurisdiction) / Supreme Court Final Judgment on Appeal and Transfer From Delhi High Court Order Dated 4.3.95
Outcome
Appeals dismissed; transfer cases allowed in part with direction for additional compensation for delay
Legal Topics
Delay in Acquisition, Compensation Calculation and Interest, Section 4 and Section 6 of the Land Acquisition Act, 1894, Multiple Declarations/awards Under Section 6 and Section 5 a, Article 31 a (second Proviso) and Ceiling Holdings, Delhi Development Act, 1957 (section 55 and Section 15), Withdrawal/denotification Under Section 48, Release of Part of Land and Article 14
Land Acquisition Constitutional Law Administrative Law Urban Planning and Development Statutory Interpretation Delay in Acquisition Compensation Calculation and Interest Section 4 and Section 6 of the Land Acquisition Act, 1894 +5 more

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Parties

Murari and Ors.

Appellants

Union of India and Ors.

Respondents

Procedural Posture

Transferred Cases and Appeals (civil Appellate Jurisdiction) / Supreme Court Final Judgment on Appeal and Transfer From Delhi High Court Order Dated 4.3.95

Legal Issues

  1. 1 Whether inordinate delay in making awards and taking possession justified quashing of acquisition proceedings
  2. 2 Whether a single notification under Section 4 can support multiple declarations/awards under Section 6 and 5-A
  3. 3 Whether the second proviso to Article 31-A required compensation to be assessed at market value at time of award/possession for land in personal cultivation within ceiling limits

Ratio Decidendi

The Supreme Court held that the acquisition proceedings could not be quashed despite long delay because a substantial part of the delay was attributable to objections and litigation by landowners and because public interest and developments weighed against quashing; multiple declarations/awards from a single Section 4 notification are validated by the 1967 amendment and precedent; Article 31-A does not change the statutory rule that market value is to be fixed as of the date of Section 4 notification under Sections 11 and 23; release/withdrawal requires formal denotification; accordingly appeals were dismissed and transfer cases were allowed only to the extent of directing payment of...

Court Disposition

Appeals dismissed; transfer cases allowed in part with direction for additional compensation for delay

Orders

  • Appeals dismissed
  • Transfer cases allowed in terms of Ram Chand v. Union of India: payment of additional compensation at the rate of 12 percent per annum after the expiry of two years from August 23, 1974 (date of Ajlatoon decision) until the date of making of the awards by the Collector, to be calculated with reference to the market...