VidhiSangh

Supreme Court of India · 12/05/2017

UMA SHANKAR & ORS. versus R. HANUMAIAH SINCE DECEASED THROUGH HIS LRS. & ORS.

[2017] 3 S.C.R. 1013 · 2017 INSC 463

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

A de-acquisition notification issued contrary to the Supreme Court’s binding earlier judgment between the parties was void and conferred no right. Its cancellation required no further hearing on these facts. The High Court’s remand was set aside, substantial costs were imposed, and the heirs remained entitled to withdraw deposited compensation with interest limited to the deposit date.

Issues

  1. Whether the State could de-acquire the same land after a binding Supreme Court ruling prohibited it.
  2. Whether cancellation of the void notification required a further hearing.

Provisions considered

Held

Result

Appeals allowed; High Court judgment set aside. Respondent’s heirs directed to deposit Rs 5 lakh costs with the Supreme Court Advocate-on-Record Association within two months. Compensation withdrawal permitted; interest ceased on its court deposit.

Judgment PDF: Supreme Court of India, [2017] 3 S.C.R. 1013.