THE STATE OF MAHARASHTRA versus NANAKCHAND PYARMAL AND ORS.

THE STATE OF MAHARASHTRA versus NANAKCHAND PYARMAL AND ORS.

When an award of the Reference Court relied on for redetermination of compensation under section 28A(1) of the Land Acquisition Act is subject to an appeal pending in the High Court, action on the reference application should be withheld until the appeal is disposed; the Collector must act on the basis of the High Court's judgment.

Parties
Appellant: State of Maharashtra; Respondents: Nanakchand Pyarmal and Ors.
Jurisdiction
India
Judgment Date
22 November 1995
Procedural Posture
Civil Appeal / Supreme Court Judgment on Appeal From Bombay High Court
Outcome
Appeal disposed of; writ petition dismissed subject to the direction.
Legal Topics
Reference Application Under Land Acquisition Act, Redetermination of Compensation, Section 28 A(1) Land Acquisition Act, Pending Appeal Effect on Redetermination
Land Acquisition Reference Application Under Land Acquisition Act Redetermination of Compensation Section 28 A(1) Land Acquisition Act Pending Appeal Effect on Redetermination

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Parties

State of Maharashtra

Appellant

Nanakchand Pyarmal and Ors.

Respondents

Procedural Posture

Civil Appeal / Supreme Court Judgment on Appeal From Bombay High Court

Legal Issues

  1. 1 Whether the Collector can proceed with reference application under Section 28A(1) of Land Acquisition Act when the award is subject to a pending appeal

Ratio Decidendi

When an award of the Reference Court relied on for redetermination of compensation under section 28A(1) of the Land Acquisition Act is subject to an appeal pending in the High Court, action on the reference application should be withheld until the appeal is disposed; the Collector must act on the basis of the High Court's judgment.

Court Disposition

Appeal disposed of; writ petition dismissed subject to the direction.

Orders

  • The reference application under section 28A(1) to be kept pending until disposal of the High Court appeal.
  • Collector to act only on the basis of the High Court's judgment.