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Supreme Court of India 2019-02-05 dismissed

HORI LAL vs THE STATE OF UTTAR PRADESH REVENUE DEPARTMENT PRINCIPAL SECRETARY

Bench: 2 — Abhay Manohar Sapre, R. Subhash Reddy

In Brief

Appellant's land was acquired in 2002 under the Land Acquisition Act, 1894 for construction of a bypass road. The old Act was repealed and replaced by the 2013 Act on 01.01.2014. The award determining compensation was passed in June 2016 under the new Act, using 01.01.2014 as the base date for calculating compensation. The appellant challenged this, arguing compensation should be determined from the date the award was passed. The Supreme Court held that compensation must be determined based on dates prescribed by the applicable Act, not arbitrary dates. Since the new Act came into force on 01.01.2014, that date is the legal basis for compensation determination, and the appellant's suggested date has no statutory foundation. The appeal was dismissed.

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Land Acquisition Compensation Public Cause Constitutional Law Statutory Interpretation Transitional Provisions

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