NAGPUR IMPROVEMENT TRUST Vs. VASANTRAO
LAWS(SC)-2002-9-82
SUPREME COURT OF INDIA
Decided on
September 26,2002
NAGPUR IMPROVEMENT TRUST
Appellant
VERSUS
Vasant Rao And Ors.
Respondents
Referred Judgements :-
MAHINDRA AND MAHINDRA LTD. V. UNION OF INDIA [REFERRED]KEDAR NATH SINGH VS. STATE OF BIHAR [REFERRED]
RAM SARUP DALIP SINGH MEHAR SINGH DAYAL SINGH VS. MUNSHI:SUNDER SINGH:AJAIB SINGH:SURJAN SINGH [REFERRED]
MANEKLAL CHBOTALAL VS. M G MAKWANA [REFERRED]
STATE OF GUJARAT VS. SHANTILAL MANGALDAS [REFERRED]
RAM KIRPAL BHAGAT VS. STATE OF BIHAR [REFERRED]
NAGPUR IMPROVEMENT TRUST VS. VITHAL RAO [REFERRED]
OM PRAKASH VS. STATE OF UTTAR PRADESH [REFERRED]
BOLANI ORES LIMITED DALMIA CEMENT BHARAT LIMITED BOLANI ORES LIMITED VS. STATF OF ORISSA:THE REGIONAL TRANSPORT OFFICER BALLERY MYSORE :STATE OF ORISSA [REFERRED]
STATE OF MADHYA PRADESH VS. M V NARASIMHAN [REFERRED]
STATE OF KERALA SPECIAL TAHSILDAR LAND ACQUISITION TOWN PLANNING TRUST VS. T M PETER:COCHIN TOWN PLANNING TRUST [REFERRED]
PRAKASH AMICHAND SHAH VS. STATE OF GUJARAT [REFERRED]
MARY ROY VS. STATE OF KERALA [REFERRED]
BHATINDA IMPROVEMENT TRUST VS. BALWANT SINGH [REFERRED]
UNION OF INDIA VS. ZORA SINGH [REFERRED]
GAURI SHANKAR GAUR VS. STATE OF UTTAR PRADESH [REFERRED]
K S PARIPOORNAN VS. STATE OF KERALA [REFERRED]
PREM NATH KAPUR VS. NATIONAL FERTILIZERS CORPN OF INDIA LIMITED [REFERRED]
U P AVAS EVAM VIKAS PARISHAD VS. JAINUL ISLAM [REFERRED]
SUNDER VS. UNION OF INDIA [REFERRED 130](PARA 19)]
Cited Judgements :-
PARASH NATH AGARWAL VS. STATE OF U P [LAWS(ALL)-2012-4-166] [REFERRED TO]M/S. MICRO LABS LTD VS. DEPUTY COMMISSIONER OF COMMERCIAL TAXES [LAWS(KAR)-2012-10-85] [REFERRED TO]
PAWAN SINGH SHANTA TALWAR DIWAN CHAND VS. UNION OF INDIA [LAWS(DLH)-2004-4-59] [REFERRED TO]
NARAIN DAS VS. PUKKHA [LAWS(ALL)-2004-11-70] [REFERRED TO]
SADHNA CHOURASIA VS. PUNJAB NATIONAL BANK [LAWS(MPH)-2010-10-39] [REFERRED TO]
SURTYOMAL VS. CHANDABAI [LAWS(MPH)-2004-5-11] [REFERRED TO]
MAHIM PATRAM PRIVATE LTD VS. UNION OF INDIA [LAWS(SC)-2007-2-62] [REFERRED TO]
LAXMINARAYAN R BHATTAD VS. STATE OF MAHARASHTRA [LAWS(SC)-2003-4-18] [REFERRED TO]
DISTRICT COOPERATIVE CENTRAL BANK EMPLOYEES AND OFFICERS FEDERATION VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2018-2-286] [REFERRED TO]
TRIMURTHI FRAGRANCES (P) LTD VS. GOVT.OF N.C.T OF DELHI [LAWS(SC)-2023-5-27] [REFERRED TO]
S. RESHMA VS. DEBT RECOVERY TRIBUNAL [LAWS(MAD)-2017-1-291] [REFERRED TO]
KAMSANI SAROJANA VS. STATE OF TELANGANA [LAWS(TLNG)-2019-4-57] [REFERRED TO]
SURAJ PAL VS. U P AVAS EVAM VIKAS PARISHAD [LAWS(ALL)-2008-5-12] [REFERRED TO]
INDIAN OIL CORPORATION LTD VS. PATEL KISHORBHAI PUNJIRAM [LAWS(GJH)-2005-2-57] [REFERRED TO]
GIRNAR TRADERS VS. STATE OF MAHARASHTRA [LAWS(SC)-2011-1-52] [REFERRED TO]
GIRNAR TRADERS VS. STATE OF MAHARASHTRA [LAWS(SC)-2007-8-112] [REFERRED TO]
S A JALALUDDIN VS. BANGALORE DEVELOPMENT AUTHORITY [LAWS(SC)-2003-2-90] [REFERRED TO]
KEDARNATH JUTE MANUFACTURING VS. STATE OF WEST BENGAL [LAWS(CAL)-2003-1-26] [REFERRED TO]
SPECIAL LAND ACQUISITION OFFICER VS. BHOLABHAI RAMJIBHAI [LAWS(GJH)-2008-2-257] [REFERRED TO]
MEHTAB LAIQ AHMED SHAIKH VS. STATE OF MAHARASHTRA [LAWS(BOM)-2017-10-17] [REFERRED TO]
SHREE VINDHYA PAPER MILLS VS. UNION OF INDIA [LAWS(BOM)-2005-4-161] [REFERRED TO]
JAGBEER SINGH AND 9 OTHERS VS. STATE OF U.P. AND 3 OTHERS [LAWS(ALL)-2017-7-269] [REFERRED TO]
O N G C LIMITED VS. SPEICIAL LAND ACQUISITION OFFICER [LAWS(GJH)-2003-12-36] [REFERRED TO]
ANIL KUMAR RATHOD VS. THE STATE OF MADHYA PRADESH [LAWS(MPH)-2018-1-148] [REFERRED TO]
JALANDHAR IMPROVEMENT TRUST VS. TRIBUNAL CONSTITUTED UNDER THE PUNJAB TOWN IMPROVEMENT TRUST, JALANDHAR [LAWS(P&H)-2007-3-364] [REFERRED TO]
LALIT KUMAR JAIN VS. UNION OF INDIA [LAWS(SC)-2021-5-25] [REFERRED TO]
LOONKARAN GANDHI (D) VS. STATE OF MAHARASHTRA [LAWS(SC)-2023-9-80] [REFERRED TO]
DECCAN ARCHAEOLOGICAL AND CULTURAL RESEARCH INSTITUTE VS. STATE OF TELANGANA [LAWS(TLNG)-2019-9-51] [REFERRED TO]
DECCAN CHRONICLES HOLDINGS LTD VS. UNION OF INDIA [LAWS(MAD)-2014-5-8] [REFERRED TO]
UCO BANK VS. ROOPA RAM [LAWS(RAJ)-2003-4-19] [REFERRED TO]
CHINUBHAI DURGAJI KAMBLE VS. WESTERN COALFIELDS LTD [LAWS(BOM)-2008-1-79] [REFERRED TO]
ATUL SHARMA VS. STATE OF U.P. THROU. ITS PRIN. SECY. DEPTT. OF HOUSING [LAWS(ALL)-2017-2-222] [REFERRED TO]
U.P. AVAS EVAM VIKAS PARISHAD VS. STATE OF U.P. AND ORS. [LAWS(ALL)-2015-7-99] [REFERRED TO]
RAMBHAU MAHADEORAO TEMBHURKAR AND ORS. VS. STATE OF MAHARASHTRA AND ORS. [LAWS(BOM)-2015-8-142] [REFERRED TO]
LOONKARAN ALIAS DHOORCHAND GANDHI VS. STATE OF MAHARASHTRA [LAWS(BOM)-2009-9-153] [REFERERD TO]
HANUMANRAO MORBAJI GUDADHE AND ORS. VS. STATE OF MAHARASHTRA AND ORS. [LAWS(BOM)-2015-5-117] [REFERRED TO]
S VARALAKSHMI VS. DISTRICT COOPERATIVE OFFICE [LAWS(APH)-2003-9-39] [REFERRED TO]
CROSS OBJECTIONS LAND ACQUISITION OFFICER REVENUE DIVISIONAL OFFICER NARAYANPET MAHABUBNAGAR DISTRICT VS. PARVATHAMMA DIED [LAWS(APH)-2003-2-103] [REFERRED TO]
MAHARASHTRA STATE ROAD TRANSPORT CORPORATION VS. STATE OF MAHARASHTRA [LAWS(SC)-2003-3-83] [REFERRED]
PANDURANG GANPATI CHAUGULE VS. VISHWASRAO PATIL MURGUD SAHAKARI BANK LIMITED [LAWS(SC)-2020-5-2] [REFERRED TO]
SHIVANI CHAUDHARY VS. PRINCIPAL SECRETARY, DEPARTMENT OF INFORMATION TECHNOLOGY [LAWS(PAT)-2020-9-51] [REFERRED TO]
VELLIPALAYAM CO OPERATIVE MILK SUPPLY SOCIETY VS. REGIONAL DIRECTOR EMPLOYEES STATE INSURANCE CORPORATION [LAWS(MAD)-2004-4-122] [REFERRED TO]
KAMALAM VS. STATE OF KERALA [LAWS(KER)-2012-8-84] [REFERRED TO]
GASTEL INDIA LTD VS. STATE OF U P [LAWS(ALL)-2009-4-39] [REFERRED TO]
M/S. DECCAN CHRONICLES HOLDINGS LIMITED REP. BY ITS ASSISTANT GENERAL MANAGER, R. GURUPRASAD ORS. ETC. ETC. VS. THE UNION OF INDIA, REPRESENTED BY ITS JOINT SECRETARY, RESERVE BANK OF INDIA, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR AND CANARA BAN [LAWS(MAD)-2014-8-187] [REFERRED TO]
R. SHANKARAN VS. STATE OF KARNATAKA [LAWS(KAR)-2014-7-35] [REFERRED TO]
JAHID HASAN AND OTHERS VS. STATE OF U P AND OTHERS [LAWS(ALL)-2017-9-53] [REFERRED TO]
KAMSANI SAROJANA VS. STATE OF TELANGANA [LAWS(APH)-2019-4-1] [REFERRED TO]
SATPAL DHIMAN VS. STATE OF HARYANA [LAWS(P&H)-2010-10-186] [REFERRED TO]
DALBIR SINGH DHINDSA AND OTHERS VS. STATE OF PUNJAB AND OTHERS [LAWS(P&H)-2010-12-128] [REFERRED TO]
SAVITRI CAIRAE VS. U P AVAS EVAM VIKAS PARISHAD [LAWS(SC)-2003-5-23] [REFERRED]
KANAK VS. U P AVAS EVAM VIKAS PARISHAD [LAWS(SC)-2003-9-44] [REFERRED]
KAMSANI RAMANA VS. STATE OF TELANGANA [LAWS(TLNG)-2019-4-55] [REFERRED TO]
KAMSANI SANJEEVA VS. STATE OF TELANGANA [LAWS(TLNG)-2019-4-56] [REFERRED TO]
FAZAL ALI VS. AMMA KHATUN [LAWS(RAJ)-2003-9-19] [REFERRED TO]
AJAY GOYAL VS. STATE OF UTTARAKHAND [LAWS(UTN)-2011-5-1] [REFERRED TO]
AJAY GOYAL VS. STATE OF UTTARAKHAND [LAWS(UTN)-2011-5-1] [REFERRED TO]
KANAK VS. U P AVAS EVAM VIKAS PARISHAD [LAWS(SC)-2003-10-29] [REFERRED TO]
SUDHAKAR HEGDE VS. STATE OF KARNATAKA [LAWS(KAR)-2014-7-43] [REFERRED TO]
OIL ANDD NATURAL GAS COMM LTD VS. SPECIAL LAND ACQUTITION OFFICER [LAWS(GJH)-2003-12-4] [REFERRED TO]
LOURDES HOSPITAL VS. ABRAHAM MATHEW [LAWS(KER)-2013-10-24] [REFERRED TO]
R MOORTHY VS. STATE OF TAMIL NADU [LAWS(MAD)-2014-9-467] [REFERRED]
P. JEYAKUMAR VS. THE REGIONAL DIRECTOR RESERVE BANK OF INDIA AND OT [LAWS(MAD)-2017-8-397] [REFERRED TO]
MAHARASHTRA INDUSTRIAL DEVELOPMENT CORPORATION VS. SHAIKH KHATINABI [LAWS(BOM)-2007-12-82] [REFERRED TO]
SUMMIT INPORT SERVICES LTD VS. DELHI METRO RAIL CORPORATION [LAWS(DLH)-2008-4-45] [REFERRED TO]
BANKATLAL VS. SPECIAL LAND ACQUISITION OFFICER [LAWS(SC)-2014-6-23] [REFERRED TO]
UNION OF INDIA VS. CHAJJU RAM [LAWS(SC)-2003-4-4] [REFERRED]
SNEH ENTERPRISES VS. COMMISSIONER OF CUSTOMS NEW DELHI [LAWS(SC)-2006-9-18] [REFERRED TO]
DAYAL SINGH VS. UNION OF INDIA [LAWS(SC)-2003-1-105] [REFERRED . (PARA 10)]
RAMESH MISHRA VS. STATE OF U P [LAWS(ALL)-2008-12-216] [REFERRED TO]
GLOBE METAL INDUSTRIES VS. STATE OF U P [LAWS(ALL)-2009-4-3] [REFERRED TO]
POPATBHAI FULABHAI VS. SPL LAND ACQUISITION OFFICER [LAWS(GJH)-2011-2-202] [REFERRED TO]
ARUN BALKRISHNA MISHRA VS. STATE OF GUJARAT AND ORS. [LAWS(GJH)-2015-9-53] [REFERRED TO]
INDIAN AIRLINES VS. UNION OF INDIA [LAWS(DLH)-2005-8-49] [RELIED ON]
SHYAMABAI SURAJKARAN JOSHI VS. MADAN MOHAN MANDIR SANSTHA [LAWS(BOM)-2009-12-74] [REFERRED TO]
KAMSANI RAMANA VS. STATE OF TELANGANA [LAWS(APH)-2019-4-2] [REFERRED TO]
KAMSANI SANJEEVA VS. STATE OF TELANGANA [LAWS(APH)-2019-4-4] [REFERRED TO]
M A BASITH VS. LAND ACQUISITION OFFICER [LAWS(APH)-2004-12-13] [REFERRED TO]
LAND ACQUISITION OFFICER, SPECIAL DEPUTY COLLECOTR, SRSP, POCHAMPAD VS. GODAVARI [LAWS(APH)-2014-9-125] [REFERRED TO]
SPL DEPUTY COLLECTOR, LAND ACQUISITION AND REHABILITATION, SRISAILAM PROJECT CUM LAND ACQUISITION OFFICER, KURNOOL VS. K SHOBHA RANI [LAWS(APH)-2013-8-114] [REFERRED]
STATE OF WEST BENGAL VS. NEW TOBACCO CO. LTD. [LAWS(CAL)-2006-5-71] [REFERRED TO]
JUDGEMENT
B. N. Singh, J. -
(1.)In this batch of appeals and special leave petitions the common question which arises for consideration is whether the provisions of the Land Acquisition Act, 1894, particularly Ss. 6, 23(2) and 28 thereof stand incorporated in the three State Acts with which we are concerned in these matters or whether the Land Acquisition Act has been merely referred to in the State Acts. If it is held that the provisions of the Land Acquisition Act stand legislatively incorporated in the State Acts, the subsequent amendments to the Land Acquisition Act will have no effect upon the acquisitions made under the State Acts. We are concerned with three State Acts, namely, The Punjab Town Improvement Act, 1922 (hereinafter referred to as 'the Punjab Act'). The Nagpur Improvement Trust Act, 1936 (hereinafter referred to as 'the Nagpur Act') and the Uttar Pradesh Avas Evam Vikas Parishad Adhiniyam, 1965 (hereinafter referred to as 'the U.P. Act').
(2.)C.A. Nos. 9206 to 9214 of 1995; C.A. Nos. 9260-9261 of 1995; C.A. No. 3789 of 1992; S.L.P. (C) No. 12949/1992; S.L.P. (C) No. 3331/1993 and S.L.P. (C) No. 3210/1999 relate to acquisitions made under the Punjab Act. C.A. No. 839 of 1995 and C.A. Nos. 6590 to 6292 of 2001 relate to acquisitions under the U.P. Act while C. A. Nos. 1164-2000 of 1993 and S.L.P. (C) Nos. 8265-8259 of 1993 relate to acquisitions made under the Nagpur Act.
(3.)In the matters arising under the Punjab Act, the High Court of Punjab and Haryana held that the claimants, whose lands were acquired under the Punjab Act were entitled to additional compensation under S. 23(1-A) of the Land Acquisition (Amendment) Act, 1984 as also to the solatium under S. 23(2) and interest under S. 28 of the Land Acquisition Act as amended by Act 68 of 1984. The Court relied upon the judgment of this Court in Union of India and another vs. Zora Singh and others (1992) 1 SCC 673; Nagpur Improvement Trust and another vs. Vithal Rao and others, AIR 1973 SC 689 as also the Full Bench of that Court in Harbans Kaur and others vs. Ludhiana Improvement Trust and others, 1973 PLJ 250.
(2.)C.A. Nos. 9206 to 9214 of 1995; C.A. Nos. 9260-9261 of 1995; C.A. No. 3789 of 1992; S.L.P. (C) No. 12949/1992; S.L.P. (C) No. 3331/1993 and S.L.P. (C) No. 3210/1999 relate to acquisitions made under the Punjab Act. C.A. No. 839 of 1995 and C.A. Nos. 6590 to 6292 of 2001 relate to acquisitions under the U.P. Act while C. A. Nos. 1164-2000 of 1993 and S.L.P. (C) Nos. 8265-8259 of 1993 relate to acquisitions made under the Nagpur Act.
(3.)In the matters arising under the Punjab Act, the High Court of Punjab and Haryana held that the claimants, whose lands were acquired under the Punjab Act were entitled to additional compensation under S. 23(1-A) of the Land Acquisition (Amendment) Act, 1984 as also to the solatium under S. 23(2) and interest under S. 28 of the Land Acquisition Act as amended by Act 68 of 1984. The Court relied upon the judgment of this Court in Union of India and another vs. Zora Singh and others (1992) 1 SCC 673; Nagpur Improvement Trust and another vs. Vithal Rao and others, AIR 1973 SC 689 as also the Full Bench of that Court in Harbans Kaur and others vs. Ludhiana Improvement Trust and others, 1973 PLJ 250.
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