VidhiSangh

Supreme Court of India · 26/04/2022

KALYANI (DEAD) THROUGH LRS. & ORS versus THE SULTHAN BATHERY MUNICIPALITY & ORS.

[2022] 5 S.C.R. 849 · 2022 INSC 478

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

Summary

Farmers sought compensation for land used by a local body to construct and widen a public road. The Municipality asserted a voluntary, gratuitous surrender but produced no evidence of it. The Court held that the burden of proving that assertion lay on the Municipality and that public purpose did not excuse uncompensated deprivation without authority of law. It restored the Single Judge’s directions for valuation and payment, with liberty to challenge the amount in a civil court.

Issues

  1. Who bore the burden of proving the asserted voluntary surrender of land without compensation.
  2. Whether the claim could be rejected for delay, absence of a compensation scheme or the public purpose of the road.

Provisions considered

Held

Result

Appeal allowed without costs. The Division Bench judgment was set aside and the Single Judge’s order maintained: the Collector was to determine market value after hearing the owners within two months of receipt, and the Municipality to pay within one month thereafter. The owners retained liberty to challenge quantum in a civil suit on the lines of a Section 18 land-acquisition reference. Pending applications disposed of.

Judgment PDF: Supreme Court of India, [2022] 5 S.C.R. 849.