VidhiSangh

Supreme Court of India · 06/09/2023

LOONKARAN GANDHI (D) THR. LR. versus STATE OF MAHARASHTRA AND ORS.

[2023] 12 S.C.R. 159 · 2023 INSC 818

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Summary

After the Nagpur Improvement Trust used the land for a road without compensating its owner for decades, the Court ordered a fresh award using the market value on 30 April 2013, the date of the belated ex parte award. It rejected both statutory lapse under Section 11-A and the claim for an alternate plot, while directing statutory benefits and separate compensation for delay.

Issues

  1. Whether Section 11-A of the Land Acquisition Act caused acquisition under the Nagpur Improvement Trust Act to lapse.
  2. Whether an alternate plot could be demanded without statutory backing.
  3. What compensation and relief were appropriate for decades of delay attributable to the authorities.

Provisions considered

Held

Result

Appeal partly allowed. Ex parte award not to be implemented; fresh award after hearing the parties, using market value on 30 April 2013, with statutory benefits and delay damages. Exercise to finish within four months of appearance fixed for 25 September 2023. Reference rights run from communication of the fresh award; no reopening for other compensated owners. No costs.

Judgment PDF: Supreme Court of India, [2023] 12 S.C.R. 159.