PATEL JOITARAM KALIDAS Vs. SPL LAND ACQUISITION OFFICER
LAWS(SC)-2006-12-50
SUPREME COURT OF INDIA (FROM: GUJARAT)
Decided on
December 13,2006
PATEL JOITARAM KALIDAS
Appellant
VERSUS
SPL. LAND ACQUISITION OFFICER
Respondents
Referred Judgements :-
UNION OF INDIA VS. RAM MEHAR [REFERRED TO]PERIYAR AND PAREEKANNI RUBBERS LIMITED VS. STATE OF KERALA [REFERRED TO]
VIJAY COTTON AND OIL MILLS LIMITED VS. STATE OF GUJARAT [REFERRED TO]
MIRFAZEELATHHUSSAIN VS. SPECIAL DEPUTY COLLECTOR LAND ACQUISITION HYDERABAD [REFERRED TO]
PREM NATH KAPUR VS. NATIONAL FERTILIZERS CORPN OF INDIA LIMITED [REFERRED TO]
YADAVRAO P PATHADE VS. STATE OF MAHARASHTRA [REFERRED TO]
SUNDER VS. UNION OF INDIA [REFERRED TO]
Cited Judgements :-
DEPUTY COLLECTOR VS. SOMABHAI BAPUJIBHAI PATEL [LAWS(GJH)-2012-12-77] [REFERRED TO]Selavaraj S/o Sri Chowrappa and Anthony S/o Sri Chowrappa VS. The Special Land Acquisition Officer, Bangalore Development Authority and The Commissioner, Bangalore Development Authority [LAWS(KAR)-2008-10-99] [REFERRED TO]
EXECUTIVE ENGINEER VS. PATEL BHAGWANBHAI CHATURDAS [LAWS(GJH)-2010-6-4] [REFERRED TO]
STATE OF WEST BENGAL VS. SATYAWANTI DEVI FOMRA [LAWS(CAL)-2012-3-115] [REFERRED TO]
STATE OF MAHARASHTRA VS. WALCHANDNAGAR INDUSTRIES LTD [LAWS(BOM)-2008-11-102] [REFERRED TO]
GUJARAT INDUSTRIAL DEVELOPMENT CORORATION VS. PATEL BHAGWANMBHAI BHIMJIBHAI [LAWS(GJH)-2011-7-52] [REFERRED TO]
STATE OF GUJARAT AND ANR VS. RANCHHOD HIRABHAI [LAWS(GJH)-2010-4-325] [REFERRED TO]
THE UNION OF INDIA VS. SMT. PARAMANI MARAK [LAWS(GAU)-2012-1-103] [REFERRED TO]
RANBIR SINGH VS. UNION OF INDIA [LAWS(DLH)-2010-1-67] [REFERRED TO]
GENERAL MANAGER OIL AND NATURAL GAS CORPORATION VS. RAMESH BHAI JIVAN BHAI PATEL [LAWS(SC)-2008-7-165] [REFERRED TO]
GANESH CHANDRA GHOSH VS. STATE OF WEST BENGAL [LAWS(CAL)-2022-9-13] [REFERRED TO]
VIJAY KUMAR AGRAWAL VS. STATE OF C G [LAWS(CHH)-2013-3-26] [REFERRED TO]
SURINDER SINGH VS. UNION OF INDIA [LAWS(DLH)-2010-1-68] [REFERRED TO]
KERALA STATE WAREHOUSING CORPORATION VS. STATE OF KERALA [LAWS(KER)-2009-7-82] [REFERRED TO]
STATE OF U P VS. MATA DIN [LAWS(ALL)-2009-5-151] [REFERRED TO]
HARI SINGH VS. STATE OF UP AND ORS. [LAWS(ALL)-2010-12-222] [REFERRED TO </RC>,]
POWER GRID CORPORATION VS. STATE OF U.P. AND ORS. [LAWS(ALL)-2015-2-274] [REFERRED TO]
OIL AND NATURAL GAS CORPORATION LIMITED VS. BHULIBEN LALA RATANJI [LAWS(GJH)-2010-9-25] [REFERRED TO]
MANOJBHAI KANTIBHAI PATEL VS. STATE OF GUJARAT [LAWS(GJH)-2011-2-150] [REFERRED TO]
SPECIAL TAHSILDAR L A NEIGHBOURHOOD SCHEME VS. T A THAIYAN PADAYACHI [LAWS(MAD)-2008-12-317] [REFERRED TO]
RAYALA VENKATARATNAM VS. STATE OF AP [LAWS(APH)-2010-8-59] [REFERRED TO]
SONOBA VISHNU GAUNKAR VS. LAND ACQUISITION OFFICER [LAWS(BOM)-2010-4-30] [REFERRED TO]
UNION OF INDIA VS. PARAMANI MARAK [LAWS(GAU)-2012-2-93] [REFERRED TO]
AGNELO GOMES VS. SPL LAND ACQUISITION OFFICER, GOA- IDC [LAWS(BOM)-2016-6-223] [REFERRED]
JUDGEMENT
B.P. Singh, J. -
(1.)Permission to file SLP granted.
(2.)Special Leave granted.
(3.)In this batch of appeals the sole question which falls for consideration is whether the appellants herein are entitled to maintain an application for special leave before this Court impugning the judgment and order of the High Court which affirmed the findings of the Reference Court under Section 18 of the Land Acquisition Act in appeals preferred by the Special Land Acquisition Officer the respondent herein. The appellants contend that the High Court ought to have, even in the appeals preferred by the Special Land Acquisition Officer, awarded interest on solatium payable under Section 23(2) of the Land Acquisition Act. The respondent on the other hand, contends that the appeals had been preferred before the High Court by the Special Land Acquisition Officer in which the appellants herein were the respondents. The appeals preferred by the Special Land Acquisition Officer having been dismissed by the High Court, the appellants cannot be said to be parties aggrieved by the judgment and order of the High Court. Before the High Court they had not even prayed for grant of interest on solatium and, therefore, they cannot be permitted to move this Court by way of special leave claiming such relief. It is not disputed by them that if really such a claim was made either before the Collector or before the Reference Court dealing with the matter under Section 18 of the Land Acquisition Act, having regard to the law as now settled by a decision of this Court, interest on solatium was bound to be granted to the appellants.
(2.)Special Leave granted.
(3.)In this batch of appeals the sole question which falls for consideration is whether the appellants herein are entitled to maintain an application for special leave before this Court impugning the judgment and order of the High Court which affirmed the findings of the Reference Court under Section 18 of the Land Acquisition Act in appeals preferred by the Special Land Acquisition Officer the respondent herein. The appellants contend that the High Court ought to have, even in the appeals preferred by the Special Land Acquisition Officer, awarded interest on solatium payable under Section 23(2) of the Land Acquisition Act. The respondent on the other hand, contends that the appeals had been preferred before the High Court by the Special Land Acquisition Officer in which the appellants herein were the respondents. The appeals preferred by the Special Land Acquisition Officer having been dismissed by the High Court, the appellants cannot be said to be parties aggrieved by the judgment and order of the High Court. Before the High Court they had not even prayed for grant of interest on solatium and, therefore, they cannot be permitted to move this Court by way of special leave claiming such relief. It is not disputed by them that if really such a claim was made either before the Collector or before the Reference Court dealing with the matter under Section 18 of the Land Acquisition Act, having regard to the law as now settled by a decision of this Court, interest on solatium was bound to be granted to the appellants.
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