STATE OF ORISSA versus RAJAKISHORE DAS

Compensation for unauthorisedly constructed building is not payable by the State if constructed with knowledge of acquisition and without required permission.

Parties: Appellant: State of Orissa; Respondent: Rajakishore Das
Jurisdiction: India
Judgment Date: 05 February 1996
Procedural Posture: Civil Appeal / Appeal From Judgment and Order of Orissa High Court
Outcome: appeal allowed
Legal Topics: Compensation for Unauthorised Construction, Award of Compensation, Land Acquisition Procedures

Land Acquisition Compensation for Unauthorised Construction Award of Compensation Land Acquisition Procedures

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Full judgment text Legal principles 1 Authorities cited 1 Party arguments 2 Amounts and remedies 4

Parties

State of Orissa

Appellant

Rajakishore Das

Respondent

Procedural Posture

Civil Appeal / Appeal From Judgment and Order of Orissa High Court

Legal Issues

1 Whether compensation is payable for a building constructed unauthorisedly on land acquired under the Land Acquisition Act, 1894

Ratio Decidendi

Compensation for unauthorisedly constructed building is not payable by the State if constructed with knowledge of acquisition and without required permission.

Court Disposition

appeal allowed

Orders

Order of reference Court for Rs. 10,000 upheld
Direction for payment of balance amount set aside