Friday, December 18, 2020

Supreme Court of India (Full Bench) - 18.12.2020 - The Land Acquisition Act, 1894 – Whether amount of compensation, as awarded by the Reference Court, can be released to the original claimants without furnishing any security in the Regular First Appeal by the High Court while granting/deciding the stay application?

Supreme Court held yes, 25% of the awarded compensation, along with proportionate interest and cost, be released to the claimants without furnishing any security and remaining 75% of the awarded compensation be deposited in the fixed deposit. Paragraph No. 6 of the judgment dated 18.12.2020 is reproduced below for ready reference:-

 

“6. Having heard learned counsel for the respective parties at length and the fact that the lands of the original claimants have been acquired in the year 1996 and the learned Reference Court has enhanced the amount of compensation after a period of approximately 17 years (by now 20 years), and the original claimants are not in a position to furnish any security, while permitting the original claimants to withdraw the amount of enhanced compensation awarded by the learned Reference Court, to strike the balance and to consider the interest of both the parties and recording the statement of Shri P.S. Narasimha, learned Senior Advocate appearing on behalf of the appellant that the appellant is ready and willing to deposit the entire enhanced amount of compensation awarded by the learned Reference Court, together with interest and cost, we are of the opinion that if the original claimants are permitted to withdraw 25% of the enhanced amount of compensation, as awarded by the learned Reference Court, together with proportionate interest and cost, without furnishing any security and the balance 75% of the enhanced amount of compensation, together with proportionate cost and interest, as awarded by the learned Reference Court is permitted to be invested in a fixed deposit in any nationalized bank with cumulative interest, it will meet the end of justice and take care of the interest of both the parties.”

 

 

Nayara Energy Limited versus The State of Gujarat & Ors.

S.L.P. (C) Nos. 14215-14216/2020

Date of Decision = 18.12.2020

 

https://advocateanujaggarwal.com/admin/img/Finalist/2020121816082951112020%20SC%20-%20NAYARA%20ENERGY%20LIMITED.pdf

 

Anuj Aggarwal

Advocate

483, Block-2, Lawyers Chamber,

Delhi High Court, New Delhi – 110003

anujaggarwal1984@gmail.com

Mob - 9891403206