UNION OF INDIA versus MUNSHI RAM (DEAD) BY LRS. AND ORS.

UNION OF INDIA versus MUNSHI RAM (DEAD) BY LRS. AND ORS.

Compensation payable under Section 28A must be determined in accordance with final decree as modified by higher courts; applicants under Section 28A cannot retain compensation higher than what is finally determined for those who claimed reference under Section 18. Excess paid must be refunded if compensation is reduced by superior court.

Parties
Appellant: Union of India; Respondents: Munshi Ram (Dead) by LRs. and Ors.
Jurisdiction
India
Judgment Date
01 March 2006
Procedural Posture
Civil Appeal / Supreme Court Decision on Appeals Against High Court Order Dismissing Writ Petitions Challenging Redetermination Orders Under Section 28 a of Land Acquisition Act, 1894
Outcome
Appeals allowed
Legal Topics
Section 28 a Redetermination, Compensation Entitlement of Non Applicants, Principle of Restitution, Merger of Decrees
Land Acquisition Compensation Law Section 28 a Redetermination Compensation Entitlement of Non Applicants Principle of Restitution Merger of Decrees

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Parties

Union of India

Appellant

Munshi Ram (Dead) by LRs. and Ors.

Respondents

Procedural Posture

Civil Appeal / Supreme Court Decision on Appeals Against High Court Order Dismissing Writ Petitions Challenging Redetermination Orders Under Section 28 a of Land Acquisition Act, 1894

Legal Issues

  1. 1 Whether compensation under Section 28A should be redetermined according to the final decision of higher courts or the original Reference Court decree
  2. 2 Entitlement of non-applicants to enhanced compensation
  3. 3 Refund of excess compensation if reduced by higher courts

Ratio Decidendi

Compensation payable under Section 28A must be determined in accordance with final decree as modified by higher courts; applicants under Section 28A cannot retain compensation higher than what is finally determined for those who claimed reference under Section 18. Excess paid must be refunded if compensation is reduced by superior court.

Court Disposition

Appeals allowed

Orders

  • Collector directed to redetermine compensation payable to respondents in accordance with Supreme Court decree dated 29th April 1997 and pay within three months.
  • Union of India not challenging applications under Section 28A on ground of delay.