UNION OF INDIA ETC. versus GIANI

UNION OF INDIA ETC. versus GIANI

Respondents are not entitled to compensation under Section 23(1A) as the award was passed before 30.04.1982; delay in filing appeals is condoned due to sufficient cause.

Parties
Appellant: Union of India etc.; Respondent: Giani
Jurisdiction
India
Judgment Date
17 February 2011
Procedural Posture
Civil Appeal / Appeal From High Court Judgment
Outcome
Appeals partly allowed
Legal Topics
Compensation, Condonation of Delay
Land Acquisition Compensation Condonation of Delay

Case Brief

Summary, issues, holding and outcome

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Parties

Union of India etc.

Appellant

Giani

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Judgment

Legal Issues

  1. 1 Whether respondent land-owners are entitled to compensation under Section 23(1A) of the Land Acquisition Act, 1894
  2. 2 Whether delay in preferring appeals should be condoned

Ratio Decidendi

Respondents are not entitled to compensation under Section 23(1A) as the award was passed before 30.04.1982; delay in filing appeals is condoned due to sufficient cause.

Court Disposition

Appeals partly allowed

Orders

  • Delay in filing appeals condoned
  • Respondents not entitled to benefit of Section 23(1A)