STATE OF GUJARAT ETC. ETC. versus DAYA SHAMJI BHAI ETC. ETC.

STATE OF GUJARAT ETC. ETC. versus DAYA SHAMJI BHAI ETC. ETC.

Where landowners have entered into written agreements under Section 11(2) of the Land Acquisition Act, 1894 to accept compensation and forego their right to reference, and compensation has been paid accordingly, such owners have no right to seek reference under Section 18, and Civil Court lacks jurisdiction to determine adequacy; registration of agreement under Registration Act is not necessary.

Parties
Appellant: State of Gujarat; Respondent: Daya Shamji Bhai
Jurisdiction
India
Judgment Date
25 August 1995
Procedural Posture
Civil Appeal / Appeal From Gujarat High Court Judgment Dated 3.7.92 in F.a. No. 17743 of 1991
Outcome
appeals allowed
Legal Topics
Reference for Compensation, Agreement Under Section 11(2), Registration of Agreements
Land Acquisition Reference for Compensation Agreement Under Section 11(2) Registration of Agreements

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 2 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

State of Gujarat

Appellant

Daya Shamji Bhai

Respondent

Procedural Posture

Civil Appeal / Appeal From Gujarat High Court Judgment Dated 3.7.92 in F.a. No. 17743 of 1991

Legal Issues

  1. 1 Whether landowners who entered agreements under Section 11(2) of the Land Acquisition Act, 1894, and accepted compensation with additional 25% can seek reference under Section 18 for enhanced compensation
  2. 2 Whether civil court has jurisdiction to adjudicate adequacy of compensation in such cases
  3. 3 Whether registration of the agreement under the Registration Act, 1908 is required

Ratio Decidendi

Where landowners have entered into written agreements under Section 11(2) of the Land Acquisition Act, 1894 to accept compensation and forego their right to reference, and compensation has been paid accordingly, such owners have no right to seek reference under Section 18, and Civil Court lacks jurisdiction to determine adequacy; registration of agreement under Registration Act is not necessary.

Court Disposition

appeals allowed

Orders

  • Orders of Reference Court as confirmed by High Court are set aside.
  • No costs awarded.