UNION OF INDIA Vs. BANWARILAL AND SONS PRIVATE LIMITED
LAWS(SC)-2004-4-133
SUPREME COURT OF INDIA
Decided on
April 12,2004
UNION OF INDIA
Appellant
VERSUS
BANWARI LAL
Respondents
Referred Judgements :-
M/S. SATHYANARAYANA BROTHERS (P) LTD. V. TAMIL NADU WATER SUPPLY AND DRAINAGE BOARD [REFERRED TO]K P POULOSE VS. STATE OF KERALA [REFERRED TO]
MUNICIPAL CORPORATION OF DELHI VS. JAGAN NATH ASHOK KUMAR [REFERRED TO]
TRUSTEES OF THE PORT OF MADRAS VS. ENGINEERING CONSTRUCTIONS CORPORATION LIMITED [REFERRED TO]
RAJASTHAN STATE MINES AND MINERALS LIMITED VS. EASTERN ENGINEERING ENTERPRISES [REFERRED TO]
BHARAT COKING COAL LIMITED VS. ANNAPURNA CONSTRUCTION [REFERRED TO]
M D ARMY WELRARE HOUSING ORGANISATION VS. SUMANGAL SERVICES PRIVATE LIMITED [REFERRED TO]
PURE HELIUM INDIA PRIVATE LIMITED VS. OIL AND NATURAL GAS COMMISSION [REFERRED TO]
Cited Judgements :-
SASHI PRASAD GOENKA VS. STEELCO SYNDICATE [LAWS(CAL)-2022-9-130] [REFERRED TO]PATEL SHAMBHUBHAI BHAICHANDDAS VS. STATE OF GUJARAT [LAWS(GJH)-2006-12-62] [REFERRED TO]
D.B CORPORATION LTD. VS. CHD DEVELOPERS LTD. [LAWS(DLH)-2018-8-622] [REFERRED TO]
CANARA BANK VS. THE DELHI KARNATAKA SANGHA [LAWS(DLH)-2018-3-58] [REFERRED TO]
PATURU VENKATA SESHAIAH,(DIED) VS. PATURU KONDAIAH DIED [LAWS(APH)-2024-11-8] [REFERRED TO]
S. BEDI CONSTRUCTION CO. VS. DELHI DEVELOPMENT AUTHORITY [LAWS(DLH)-2009-5-556] [REFERRED TO]
NATIONAL HIGHWAYS AUTHORITY OF INDIA VS. UNITECH NCC JOINT VENTURE [LAWS(DLH)-2010-8-161] [REFERRED TO]
PUNJAB AND SIND BANK VS. UNIQUE HOTEL AND RESTAURANT PVT. LTD. [LAWS(UTN)-2006-7-36] [REFERRED TO]
HUKUM CHAND DESWAL VS. SATISH RAJ DESWAL [LAWS(SC)-2020-5-7] [REFERRED TO]
BANNER INDIA LTD VS. SAVITRI DEVI SIKAND [LAWS(DLH)-2011-3-308] [REFERRED TO]
PCL-SUNCON (JV) VS. NATIONAL HIGHWAYS AUTHORITY OF INDIA [LAWS(DLH)-2015-11-77] [REFERRED TO]
D D SHARMA VS. UNION OF INDIA [LAWS(SC)-2004-4-55] [REFERRED TO]
MCDERMOTT INTERNATIONAL IN VS. BURN STANDARD CO LTD [LAWS(SC)-2006-5-72] [REFERRED TO]
PUNJAB AND SIND BANK VS. UNIQUE HOTEL AND RESTAURANT PVT LTD [LAWS(ALL)-2006-2-129] [REFERRED TO]
S AND G COMPANY VS. INDICA TRADES PVT LTD [LAWS(DLH)-2012-4-68] [REFERRED TO]
INDIAN SUGAR EXIM CORPORATION LTD VS. SUBHASH CHAND KOHLI [LAWS(DLH)-2010-7-123] [REFERRED TO]
GOVERMENT OF NCT OF DELHI VS. SHAKUNTALA GUPTA [LAWS(DLH)-2005-9-64] [REFERRED TO]
OSWALDO JOSE COELHO VELHO S/O ALEIXO PITAGORAS VELHO VS. GOVERNMENT OF KARNATAKA [LAWS(BOM)-2010-11-146] [REFERRED]
NATIONAL HIGHWAYS AUTHORITY OF INDIA VS. BSCPL [LAWS(DLH)-2014-12-192] [REFERRED TO]
TRG INDUSTRIES PVT. LTD. VS. N.H.P.C. LTD. [LAWS(DLH)-2015-2-179] [REFERRED TO]
S KANNAN AND COMPANY REP BY ITS PROPRIETOR S KANNAN AND FULL BRIGHT INC REP BY ITS MANAGING PARTNER S MOHAN VS. TAMIL NADU CIVIL SUPPLIES CORPORATION LIMITED AND TMT A N VARALAKSHMI ARBITRATOR DISTRICT REVENUE OFFICER (RETD) [LAWS(MAD)-2006-8-335] [REFERRED]
ISHWAR DAYA KEVALRAM AGARWAL VS. MADHUKAR SHANKAR PRABHANE [LAWS(BOM)-2005-7-63] [REFERRED TO]
ANIL KUMAR KHANNA AND ORS. VS. THE INDIAN TOURISM DEVELOPMENT CORPORATION LTD. [LAWS(DLH)-2015-7-341] [REFERRED TO]
DELHI DEVELOPMENT AUTHORITY VS. HARBANS SINGH [LAWS(DLH)-2008-7-186] [REFERRED TO]
OIL & NATURAL GAS CORPORATION LTD VS. ASTRA CONSTRUCTION PVT. LTD [LAWS(GAU)-2012-8-66] [REFERRED TO]
UCO BANK VS. RAM SARUP KAPUR [LAWS(DLH)-2013-10-213] [REFERRED TO]
INDEPENDENT NEWS SERVICE PVT LTD VS. CENTURY COMMUNICATIONS LTD [LAWS(ALL)-2010-7-155] [RELIED ON]
INDIA TOURISM DEVELOPMENT CORPORATION VS. ANIL KUMAR KHANNA AND ORS. [LAWS(DLH)-2016-4-56] [REFERRED TO]
INDIA BREWERY AND DISTILLERY LTD VS. TVS LAKSHMI CREDIT LIMITED [LAWS(MAD)-2008-8-175] [REFERRED TO]
COUNCIL OF SCIENTIFIC AND INDUSTRIAL RESERCH VS. S GOODMAN DRUG HOUSE P LTD [LAWS(UTN)-2007-4-4] [REFERRED TO]
CONGRESS COMMITTEE (I) (RURAL) VS. S. BRAHMGYAN SINGH MAJITHIA [LAWS(P&H)-2022-7-192] [REFERRED TO]
AVERY INDIA LTD VS. NIRMAL KUMAR JAIN AND ANR [LAWS(DLH)-2018-8-411] [REFERRED TO]
M/S. TELECOMMUNICATION CONSULTANTS INDIA LIMITED VS. M/S. CATVISION LTD. [LAWS(DLH)-2017-7-125] [REFERRED TO]
S BEDI CONSTRUCTION CO VS. DELHI DEVELOPMENT AUTHORITY [LAWS(DLH)-2009-5-90] [REFERRED TO]
UNION OF INDIA VS. MODI KOREA TELECOM LTD [LAWS(DLH)-2009-5-295] [REFERRED TO]
SMT. SHAKUNTALA GUPTA VS. UNION OF INDIA (UOI) AND ORS. [LAWS(DLH)-2009-8-329] [REFERRED TO]
PATEL SHAMBHUBHAI BHAICHANDDAS VS. STATE OF GUJARAT [LAWS(GJH)-2006-12-48] [REFERRED TO]
SHAKUNTLA GUPTA VS. UNION OF INDIA [LAWS(DLH)-2009-4-174] [REFERRED TO]
UNION OF INDIA VS. FREIGHT CARRIERS [LAWS(GAU)-2008-4-46] [REFERRED TO ;]
JUDGEMENT
S. B. Sinha, J. -
(1.)How the quantum of damages should be calculated by an arbitrator for occupation of a property by the appellant herein pursuant to or in furtherance of notification issued under the provisions of the Land Acquisition Act which was declared illegal is the short question involved in this appeal.
(2.)The premise in question admeasuring 50,328 sq. ft. is situated at 6, Ansari Road, Darya Ganj. It was requisitioned by Delhi Administration under the provisions of Requisition and Acquisition of Immovable Property Act, 1952. The said Act lapsed on 10th March, 1987. A Notification was issued under S. 4 of the Land Acquisition Act for acquisition of the entire property on 6th March, 1987 whereafter a declaration purported to be in terms of Ss. 6 and 17 thereof was issued on 10th March, 1987. The said Notification was set aside by the High Court by a judgment dated 4-2-1991 on a writ petition filed by the respondent herein.
(3.)The High Court while quashing the said acquisition proceeding appointed Justice T. V. R. Tatachari as an arbitrator to determine the damages payable by the Delhi Administration for occupation of the said property. It is not in dispute that this Court while permitting the appellant to remain in possession up to 31-3-1993 directed it to hand over vacant possession on or before the said date. It was, however, clarified that the arbitrator appointed by the High Court may give his award and file the same in the High Court for appropriate orders.
(2.)The premise in question admeasuring 50,328 sq. ft. is situated at 6, Ansari Road, Darya Ganj. It was requisitioned by Delhi Administration under the provisions of Requisition and Acquisition of Immovable Property Act, 1952. The said Act lapsed on 10th March, 1987. A Notification was issued under S. 4 of the Land Acquisition Act for acquisition of the entire property on 6th March, 1987 whereafter a declaration purported to be in terms of Ss. 6 and 17 thereof was issued on 10th March, 1987. The said Notification was set aside by the High Court by a judgment dated 4-2-1991 on a writ petition filed by the respondent herein.
(3.)The High Court while quashing the said acquisition proceeding appointed Justice T. V. R. Tatachari as an arbitrator to determine the damages payable by the Delhi Administration for occupation of the said property. It is not in dispute that this Court while permitting the appellant to remain in possession up to 31-3-1993 directed it to hand over vacant possession on or before the said date. It was, however, clarified that the arbitrator appointed by the High Court may give his award and file the same in the High Court for appropriate orders.
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