SATLUJ JAL VIDYUT NIGAM LTD. AND ANR. versus DILA RAM AND ORS.

SATLUJ JAL VIDYUT NIGAM LTD. AND ANR. versus DILA RAM AND ORS.

Where agricultural land is jointly held by all members of a family, and the scheme for resettlement and rehabilitation is intended for ‘each landless family’, the grant of benefits to one family member extinguishes the Corporation’s obligation to provide additional benefits to other members, regardless of whether...

Source-derived case information.

Parties
Appellant: Satluj Jal Vidyut Nigam Ltd.; Respondent: Dila Ram; Respondent: Sunder Singh
Jurisdiction
India
Judgment Date
05 January 2005
Procedural Posture
Civil Appeal / Supreme Court Decision on Appeal From High Court
Outcome
Appeal allowed; High Court judgments set aside; no costs.
Legal Topics
Joint Land Holding, Eligibility for Rehabilitation Scheme, Definition of Landless Family, Benefits Under Rehabilitation Scheme
Land Acquisition Resettlement and Rehabilitation Joint Land Holding Eligibility for Rehabilitation Scheme Definition of Landless Family Benefits Under Rehabilitation Scheme

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Parties

Satluj Jal Vidyut Nigam Ltd.

Appellant

Dila Ram

Respondent

Sunder Singh

Respondent

Procedural Posture

Civil Appeal / Supreme Court Decision on Appeal From High Court

Legal Issues

  1. 1 Whether members of a joint landholding family, living separately, are each entitled to separate benefits under the Resettlement and Rehabilitation Scheme after acquisition of agricultural land under Land Acquisition Act, 1894

Ratio Decidendi

Where agricultural land is jointly held by all members of a family, and the scheme for resettlement and rehabilitation is intended for ‘each landless family’, the grant of benefits to one family member extinguishes the Corporation’s obligation to provide additional benefits to other members, regardless of whether they live separately. The critical test is joint holding and relationship within the family as per the revenue record at the time of notification.

Court Disposition

Appeal allowed; High Court judgments set aside; no costs.

Orders

  • Appeals allowed; Impugned judgments of the High Court are set aside; No costs awarded.