RAMESH SINGH (DIED) BY L.RS. AND ORS. versus STATE OF HARYANA AND ORS.

RAMESH SINGH (DIED) BY L.RS. AND ORS. versus STATE OF HARYANA AND ORS.

Execution court is devoid of jurisdiction to amend the decree or award compensation and statutory benefits to petitioners; the right and remedy for higher compensation must be sought only under statutory provisions of the Land Acquisition Act and not through execution proceedings; principle of equality under Article 14 is not violated in refusing parity of compensation without statutory procedure.

Parties
Petitioner: Ramesh Singh (Died) by L.Rs. and Ors.; Respondent: State of Haryana and Ors.
Jurisdiction
India
Judgment Date
15 January 1996
Procedural Posture
Special Leave Petition (civil) / Disposition by Supreme Court
Outcome
Petition dismissed
Legal Topics
Compensation, Execution Proceedings, Jurisdiction, Principle of Equality
Land Acquisition Civil Procedure Constitutional Law Compensation Execution Proceedings Jurisdiction Principle of Equality

Case Brief

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Parties

Ramesh Singh (Died) by L.Rs. and Ors.

Petitioner

State of Haryana and Ors.

Respondent

Procedural Posture

Special Leave Petition (civil) / Disposition by Supreme Court

Legal Issues

  1. 1 Whether execution court can award the same compensation to non-parties as awarded to claimant in land acquisition.
  2. 2 Whether denial of equal compensation to co-owners violates Article 14 of the Constitution.

Ratio Decidendi

Execution court is devoid of jurisdiction to amend the decree or award compensation and statutory benefits to petitioners; the right and remedy for higher compensation must be sought only under statutory provisions of the Land Acquisition Act and not through execution proceedings; principle of equality under Article 14 is not violated in refusing parity of compensation without statutory procedure.

Court Disposition

Petition dismissed

Orders

  • Special Leave Petition dismissed