SUBODH SINGH versus UNION OF INDIA AND OTHERS

SUBODH SINGH versus UNION OF INDIA AND OTHERS

The Supreme Court held that in view of its earlier ruling interpreting the second proviso to Section 20F(2), the appellant was entitled to additional compensation for the left out portion of land at not less than 5% of the award value per month for the period of delay asserted (84 months); the High Court erred in...

Source-derived case information.

Parties
Appellant: Subodh Singh; Respondent: Union of India and Others
Jurisdiction
India
Judgment Date
16 May 2024
Procedural Posture
Civil Appeal / Judgment of the Supreme Court
Outcome
Appeal allowed
Legal Topics
Additional Compensation, Delay in Payment, Award, Interest on Delayed Payment, Left Out Portion of Land
Land Acquisition Railways Compensation Additional Compensation Delay in Payment Award Interest on Delayed Payment Left Out Portion of Land

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Parties

Subodh Singh

Appellant

Union of India and Others

Respondent

Procedural Posture

Civil Appeal / Judgment of the Supreme Court

Legal Issues

  1. 1 Whether appellant is entitled to additional compensation for the left out portion of land at not less than 5% of the award per month for a period of 84 months
  2. 2 Whether the respondents were justified in confining additional compensation to a period of two months and whether the appellant should be relegated to arbitration under Section 20F(1) of the Indian Railways Act, 1989

Ratio Decidendi

The Supreme Court held that in view of its earlier ruling interpreting the second proviso to Section 20F(2), the appellant was entitled to additional compensation for the left out portion of land at not less than 5% of the award value per month for the period of delay asserted (84 months); the High Court erred in confining the delayed payment to two months and in relegating the appellant to arbitration.

Court Disposition

Appeal allowed

Orders

  • Appellant is entitled to additional compensation for the left out portion of land at not less than 5% of the value of the award per month for a period spreading over 84 months
  • Amount already paid by respondents towards delay for a period of two months shall be adjusted