KAZI AKILODDIN SUJAODDIN versus STATE OF MAHARASHTRA & ORS.

KAZI AKILODDIN SUJAODDIN versus STATE OF MAHARASHTRA & ORS.

Rental compensation for the pre-acquisition period must, during pendency of reference proceedings or appeals, be calculated on the basis of the award passed by the Land Acquisition Officer. Upward revisions due to subsequent court decisions can result in redetermination and additional payments but not until such appellate or reference proceedings are final. Hence, the High Court's order recalling earlier payment directions and requiring deposit at the rate of 8% of the sum determined by the Reference Court, with limited withdrawal pending appeal, required no interference.

Parties
Appellant: Kazi Akiloddin Sujaoddin; Respondents: State of Maharashtra & Ors.
Jurisdiction
India
Judgment Date
03 July 2013
Procedural Posture
Civil Appeal / Decision on Appeal From High Court Judgment and Order on Review of Writ Petition
Outcome
Appeal dismissed
Legal Topics
Rental Compensation for Pre Acquisition Period, Calculation of Rental Compensation, Procedure During Pendency of Reference/appeal, Application of Government Resolutions to Compensation
Land Acquisition Compensation Law Rental Compensation for Pre Acquisition Period Calculation of Rental Compensation Procedure During Pendency of Reference/appeal Application of Government Resolutions to Compensation

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Parties

Kazi Akiloddin Sujaoddin

Appellant

State of Maharashtra & Ors.

Respondents

Procedural Posture

Civil Appeal / Decision on Appeal From High Court Judgment and Order on Review of Writ Petition

Legal Issues

  1. 1 Whether, during the pendency of appeal or reference proceeding, rental compensation for pre-acquisition period should be determined as per award of Land Acquisition Officer or the enhanced amount by Reference Court.
  2. 2 Whether the High Court was justified in directing the State to deposit and allow withdrawal of rental compensation based on award value as enhanced by the Reference Court.

Ratio Decidendi

Rental compensation for the pre-acquisition period must, during pendency of reference proceedings or appeals, be calculated on the basis of the award passed by the Land Acquisition Officer. Upward revisions due to subsequent court decisions can result in redetermination and additional payments but not until such appellate or reference proceedings are final. Hence, the High Court's order recalling earlier payment directions and requiring deposit at the rate of 8% of the sum determined by the Reference Court, with limited withdrawal pending appeal, required no interference.

Court Disposition

Appeal dismissed

Orders

  • No interference with the High Court's order recalling earlier payment direction and requiring deposit of rental compensation at the rate of 8% of the enhanced amount, with limited withdrawal allowed pending appeal.
  • Order will not preclude appellant from seeking proportionately higher rental compensation if awarded by appellate court.