SHAKUNTLA DEVI versus STATE OF H.P. AND OTHERS

SHAKUNTLA DEVI versus STATE OF H.P. AND OTHERS

The appellant had not accepted the Supplementary Negotiated Award, as evidenced by filing the writ petition before receiving compensation and within six months from the award. Therefore, she must be given an opportunity to make a request for reference under Section 18 for enhancement of compensation and original benefits in respect of the Supplementary Award.

Parties
Appellant: Shakuntla Devi; Respondents: State of Himachal Pradesh and Others
Jurisdiction
India
Judgment Date
02 March 2016
Procedural Posture
Civil Appeal / Supreme Court Appeal Decided
Outcome
Appeal disposed of
Legal Topics
Negotiated Award, Enhancement of Compensation, Statutory Benefits, Reference Under Section 18, Article 226 Writ Petition
Land Acquisition Negotiated Award Enhancement of Compensation Statutory Benefits Reference Under Section 18 Article 226 Writ Petition

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Parties

Shakuntla Devi

Appellant

State of Himachal Pradesh and Others

Respondents

Procedural Posture

Civil Appeal / Supreme Court Appeal Decided

Legal Issues

  1. 1 Whether the appellant had accepted the Negotiated Supplementary Award for structures and trees
  2. 2 Entitlement to seek statutory benefits and reference under Section 18 of the Land Acquisition Act, 1894

Ratio Decidendi

The appellant had not accepted the Supplementary Negotiated Award, as evidenced by filing the writ petition before receiving compensation and within six months from the award. Therefore, she must be given an opportunity to make a request for reference under Section 18 for enhancement of compensation and original benefits in respect of the Supplementary Award.

Court Disposition

Appeal disposed of

Orders

  • Appellant is given an opportunity to make a request for reference under Section 18 of the Land Acquisition Act before the Land Acquisition Collector for enhancement of compensation and all other original benefits in respect of the Supplementary Negotiated Award.
  • If such an application for reference is made within four weeks, it shall be referred to the Court of competent jurisdiction within a month, and the Reference Court shall dispose of the reference expeditiously, preferably within six months.