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Supreme Court of India 2017-08-03 allowed

South Central Railway and Others vs Special Deputy Collector Land Acquisition (General) and Others

Bench: 2 — <UNKNOWN>, <UNKNOWN>

In Brief

South Central Railway sought to challenge a High Court order regarding compensation for land handed over to it by the owner in 1973 with consent. The owner later filed suits and a writ petition seeking return of the land or compensation at current rates. The Supreme Court held that since the owner had lost in the original title suit (dismissed as withdrawn without liberty to sue afresh), no further indulgence was warranted. However, exercising equitable powers under Article 142, the Court directed the railways to pay compensation determined as on the 1973 date of possession, along with statutory benefits and interest from that date, ensuring the owner received fair compensation while recognizing the railways' rightful possession.

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Land Acquisition Compensation Article 142 Inherent Powers Civil Procedure Equitable Relief

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