Supreme Court of India

Premji Nathu v. State of Gujarat and Another

Neutral citation

Bench G.S. Singhvi and Sudhansu Jyoti Mukhopadhaya JJ.

Decided 9 April 2012

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

2 Supreme Court benches have cited this judgment.

What the Court ordered

In the result, the appeal is allowed. The impugned judgment and the award passed by the Reference Court are set aside and the respondents are directed to pay enhanced compensation to the appellant at the rate of Rs.450 per Are for the irrigated land and Rs.280 per Are for non-irrigated land with an additional amount of Rs.2 per square meter. The appellant shall also be entitled to other statutory benefits like solatium and interest. The respondent shall calculate the amount payable to the appellant and make payment within three months from today.

Judgment, 16

From the headnote

LAND ACQUISITION ACT, 1894: s.18 - Making of reference by Collector to the Court - Limitation period - Acquisition proceedings - Award of compensation - Notice issued by Collector to appellant-land owner u/s. 12(2) on 22.2.1985 - Copy of award not annexed with the notice - Subsequently, certified copy of award obtained by land owners - On 8.4.1985, application u/s. 18 filed before the Collector for making reference to Court for awarding higher compensation - Reference court declined to give relief on the ground that application u/s. 18 was time barred - High Court upheld the decision of reference court…

Authorities it was built on

1993 Smt. Nilabati Behera Alias Laut Behera (through the Supreme Court Legal Aid Committee) v. State of Orissa and Ors. cited by 55
1966 B. N. Nagarajan and Ors. v. State of Mysore and Ors. cited by 6
2010 Bhagwan Das & Ors. Etc. v. State of Up & Ors. cited by 2
1963 State of Punjab v. Mst. Qaisar Begum and Anr. cited by 2

Where later benches applied it

2018 Vijay Mahadeorao Kubade v. State of Maharashtra through the Collector relied on
2013 Popat Bahiru Govardhane Etc. v. Special Land Acquisition Officer & Anr. mentioned

Of those, 1 relied on · 1 mentioned

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