WARDINGTON LYNGDOH AND ORS. versus THE COLLECTOR, MAWKYRWAT

WARDINGTON LYNGDOH AND ORS. versus THE COLLECTOR, MAWKYRWAT

Reference application under Section 18 is not maintainable when compensation is received under an agreement and not under protest; such receipt bars entitlement to claim enhancement by reference.

Parties
Petitioner: Wardington Lyngdoh and Ors.; Respondent: The Collector, Mawkyrwat
Jurisdiction
India
Judgment Date
17 April 1995
Procedural Posture
Special Leave Petition (civil) / Supreme Court Review of Gauhati High Court Judgment
Outcome
Special Leave Petition dismissed.
Legal Topics
Compensation Under Agreement, Reference Under Section 18, Maintainability of Reference Application
Land Acquisition Compensation Under Agreement Reference Under Section 18 Maintainability of Reference Application

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Parties

Wardington Lyngdoh and Ors.

Petitioner

The Collector, Mawkyrwat

Respondent

Procedural Posture

Special Leave Petition (civil) / Supreme Court Review of Gauhati High Court Judgment

Legal Issues

  1. 1 Validity of reference application under Section 18 after compensation under agreement
  2. 2 Entitlement to higher compensation after accepting compensation without protest

Ratio Decidendi

Reference application under Section 18 is not maintainable when compensation is received under an agreement and not under protest; such receipt bars entitlement to claim enhancement by reference.

Court Disposition

Special Leave Petition dismissed.

Orders

  • Delay condoned.
  • S.L.P. dismissed.