VidhiSangh

Supreme Court of India · 16/11/2017

MITESH KUMAR RAMANBHAI PATEL & ORS. versus STATE OF GUJARAT & ORS.

[2017] 12 S.C.R. 353 · 2017 INSC 1123

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Summary

Landowners signed largely blank consent forms and gave possession in1989, but acquisition notification followed only in1996 and awards in1997. They had repudiated the arrangements by seeking a reference in1995. The Court held that the stale forms could not support consent awards barring reference, and restored compensation at Rs21.48 per square metre.

Issues

  1. Whether the1997 awards based on1989 forms were consent awards precluding a Section18 reference.
  2. Whether the State could rely on the old rate despite prolonged delay and repudiation.

Held

Result

Appeals allowed; High Court judgment set aside and reference-court compensation restored. Any unpaid amount to be paid within three months, with Rs10,000 costs in each case payable to each appellant within that period.

Judgment PDF: Supreme Court of India, [2017] 12 S.C.R. 353.