UJJAIN VIKAS PRADHIKARAN, (UJJAIN DEVELOPMENT AUTHORITY) versus TARACHAND AND ANR. ETC.

UJJAIN VIKAS PRADHIKARAN, (UJJAIN DEVELOPMENT AUTHORITY) versus TARACHAND AND ANR. ETC.

Where the claimants in their memorandum of appeal restrict their claim to a specific amount, the court cannot award compensation in excess of that amount; the High Court erred in awarding Rs. 26,125 per bigha when claimants had confined their claim to Rs. 20,000 per bigha.

Parties
Appellant: Ujjain Vikas Pradhikaran (Ujjain Development Authority); Respondent: Tarachand; Respondent: Anr.
Jurisdiction
India
Judgment Date
12 July 1996
Procedural Posture
Civil Appeal / Supreme Court Decision on Appeals From High Court
Outcome
Appellant's appeal allowed to extent of reducing compensation, claimants' appeal dismissed.
Legal Topics
Compensation, Enhancement, Power of Court, Limitation on Compensation
Land Acquisition Compensation Enhancement Power of Court Limitation on Compensation

Case Brief

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Parties

Ujjain Vikas Pradhikaran (Ujjain Development Authority)

Appellant

Tarachand

Respondent

Anr.

Respondent

Procedural Posture

Civil Appeal / Supreme Court Decision on Appeals From High Court

Legal Issues

  1. 1 Whether the High Court erred in awarding compensation in excess of the amount claimed by the landowners
  2. 2 Whether claimants are entitled to compensation higher than the amount stated in their memorandum of appeal

Ratio Decidendi

Where the claimants in their memorandum of appeal restrict their claim to a specific amount, the court cannot award compensation in excess of that amount; the High Court erred in awarding Rs. 26,125 per bigha when claimants had confined their claim to Rs. 20,000 per bigha.

Court Disposition

Appellant's appeal allowed to extent of reducing compensation, claimants' appeal dismissed.

Orders

  • Claimants are entitled to compensation at Rs. 20,000 per bigha with solatium and interest as awarded by the High Court
  • No order as to costs