PREMJI NATHU versus STATE OF GUJARAT AND ANOTHER

PREMJI NATHU versus STATE OF GUJARAT AND ANOTHER

Failure by Collector to supply a copy of the award with notice under Section 12(2) meant appellant could not effectively file for reference; limitation cannot run without knowledge of award contents. Application was not time-barred. Enhanced compensation, solatium, and interest must be paid.

Parties
Appellant: Premji Nathu; Respondents: State of Gujarat and Another
Jurisdiction
India
Judgment Date
09 April 2012
Procedural Posture
Civil Appeal / Supreme Court Appeal From High Court Judgment
Outcome
Appeal allowed; Reference Court and High Court judgments set aside.
Legal Topics
Limitation for Reference Under Land Acquisition Act, Compensation for Acquired Land, Statutory Notice Requirements, Article 142 Powers, Solatium and Interest Benefits
Land Acquisition Constitutional Law Limitation for Reference Under Land Acquisition Act Compensation for Acquired Land Statutory Notice Requirements Article 142 Powers Solatium and Interest Benefits

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Parties

Premji Nathu

Appellant

State of Gujarat and Another

Respondents

Procedural Posture

Civil Appeal / Supreme Court Appeal From High Court Judgment

Legal Issues

  1. 1 Whether the application for reference under Section 18(1) of the Land Acquisition Act, 1894 was time-barred
  2. 2 Whether failure to supply a copy of the award with notice under Section 12(2) affected limitation
  3. 3 Entitlement to enhanced compensation and statutory benefits

Ratio Decidendi

Failure by Collector to supply a copy of the award with notice under Section 12(2) meant appellant could not effectively file for reference; limitation cannot run without knowledge of award contents. Application was not time-barred. Enhanced compensation, solatium, and interest must be paid.

Court Disposition

Appeal allowed; Reference Court and High Court judgments set aside.

Orders

  • Respondents to pay enhanced compensation at Rs.450 per Are for irrigated land and Rs.280 per Are for non-irrigated land with additional Rs.2 per square meter.
  • Appellant to be paid other statutory benefits like solatium and interest.