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Supreme Court of India 2020-03-02 allowed

D.B. Basnett (D) through LRs vs Collector East District, Gangtok, Sikkim & Anr

Bench: 2 — <UNKNOWN>, <UNKNOWN>

In Brief

D.B. Basnett's land in Sikkim was acquired without proper payment of compensation, despite his no-objection letter to the acquisition. The Supreme Court held that while no-objection does not preclude acquisition, actual payment of compensation with documentary proof is essential. Rights in property are constitutional rights under Article 300A and must be strictly protected. The Court allowed the appeal, directing restoration of possession to the appellant and awarding damages for illegal occupation by respondents for three years prior to notice, as the acquisition was incomplete due to non-payment of compensation.

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Land Acquisition Property Rights Constitutional Law Civil Procedure

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