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Supreme Court of India 2021-03-02 allowed

MURALI ALIAS DHANANJAYAN vs STATE OF KERALA

Bench: 2 — Indu Malhotra, Ajay Rastogi

In Brief

A landowner's property was acquired in 1981 under a common Notification for construction of a railway line. The Land Acquisition Officer fixed compensation, but the owner's father and brother later obtained enhanced compensation through Reference Petitions. The owner's Reference Petition was dismissed due to the absence of counsel and then rejected as time-barred. The Supreme Court allowed the appeal, holding that where lands are acquired under the same Notification and similarly situated, all claimants are entitled to equal compensation regardless of filing delays, provided the Reference Petitions are filed contemporaneously. The appellant was awarded the same enhanced rate granted to his father and brother, plus Solatium, statutory benefits, and interest."

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Land Acquisition Compensation Civil Procedure Land Laws

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