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Supreme Court of India 2017-11-16 allowed

Mitesh Kumar Ramanbhai Patel and others vs State of Gujarat and others

Bench: 2 — Unknown Judge 1, Unknown Judge 2

In Brief

The Supreme Court examined land acquisition with purported consent agreements executed in 1989 but not formally notified until 1996 and awarded in 1997. The Court held that consent forms with blank columns unilaterally completed after relevant events were unenforceable. Landowners who repudiated the agreement in 1995 could not be bound by 1989 compensation rates. The relevant compensation date was the 1996 notification, not the earlier consent. The reference court properly determined market-based compensation at 1997 rates (Rs. 21.48/sq.m). The Court set aside the High Court's judgment and restored the reference court award, emphasizing fairness where there was fraud, significant delay, and clear repudiation by landowners."

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Land Acquisition Consent Agreements Compensation Fraud Constitutional Law

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