SMT. AMBEY DEVI versus STATE OF BIHAR AND ANR.

SMT. AMBEY DEVI versus STATE OF BIHAR AND ANR.

A co-sharer who has not filed a valid application under Section 18 of the Land Acquisition Act cannot claim enhanced compensation awarded by a Reference Court at the instance of another co-sharer; valid reference is necessary to confer jurisdiction on the Civil Court.

Parties
Appellant: Smt. Ambey Devi; Respondent: State of Bihar and Anr.
Jurisdiction
India
Judgment Date
12 March 1996
Procedural Posture
Civil Appeal / Appeal by Special Leave From Judgment of Patna High Court in Appeal From Original Decree No. 281 of 1967
Outcome
appeal dismissed
Legal Topics
Compensation, Reference Under Land Acquisition Act, Enhancement of Compensation, Co Sharer Rights, Civil Procedure
Land Acquisition Compensation Reference Under Land Acquisition Act Enhancement of Compensation Co Sharer Rights Civil Procedure

Case Brief

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Parties

Smt. Ambey Devi

Appellant

State of Bihar and Anr.

Respondent

Procedural Posture

Civil Appeal / Appeal by Special Leave From Judgment of Patna High Court in Appeal From Original Decree No. 281 of 1967

Legal Issues

  1. 1 Whether a co-sharer can claim enhanced compensation without seeking reference under Section 18 of Land Acquisition Act in a reference at the instance of another co-sharer

Ratio Decidendi

A co-sharer who has not filed a valid application under Section 18 of the Land Acquisition Act cannot claim enhanced compensation awarded by a Reference Court at the instance of another co-sharer; valid reference is necessary to confer jurisdiction on the Civil Court.

Court Disposition

appeal dismissed

Orders

  • The appeal is dismissed without costs.