SH. RAM CHANDER (DEAD) THR LRS versus UNION OF INDIA

SH. RAM CHANDER (DEAD) THR LRS versus UNION OF INDIA

The High Court's orders allowing review and recalling the 19.10.2001 judgment were quashed because they were based solely on the setting aside of Bhola Nath (first), but subsequent developments (a fresh High Court decision on remand fixing compensation at Rs.2000/- per sq. yard and dismissal of the SLP) removed the...

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Parties
Appellant: SH. RAM CHANDER (DEAD) THR LRS; Respondent: Union of India
Jurisdiction
India
Judgment Date
20 April 2022
Procedural Posture
Civil Appeal / Final Disposal by Supreme Court
Outcome
Appeals allowed
Legal Topics
Compensation, Review Petition, Recall of Judgment, Remand and Subsequent Developments
Land Acquisition Review Proceedings Compensation Review Petition Recall of Judgment Remand and Subsequent Developments

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Parties

SH. RAM CHANDER (DEAD) THR LRS

Appellant

Union of India

Respondent

Procedural Posture

Civil Appeal / Final Disposal by Supreme Court

Legal Issues

  1. 1 Whether the High Court validly allowed review petitions and recalled its 19.10.2001 judgment solely because the Bhola Nath decision was set aside by this Court
  2. 2 Whether subsequent developments on remand and dismissal of SLP rendered the ground for review unavailable
  3. 3 Whether the earlier High Court judgment should be restored and compensation paid to original claimants

Ratio Decidendi

The High Court's orders allowing review and recalling the 19.10.2001 judgment were quashed because they were based solely on the setting aside of Bhola Nath (first), but subsequent developments (a fresh High Court decision on remand fixing compensation at Rs.2000/- per sq. yard and dismissal of the SLP) removed the ground for review; accordingly the 19.10.2001 High Court judgment is restored and the original claimants are to be paid the compensation determined therein with statutory benefits within twelve weeks.

Court Disposition

Appeals allowed

Orders

  • Impugned High Court judgment and order dated 12.05.2017 in R.P. No.309/2008 in RFA No.416/1986 quashed and set aside
  • Impugned order dated 07.07.2017 in CMA No.23091/2017 in R.P. No.309/2008 in RFA No.416/1986 quashed and set aside