In Brief
South Central Railway took possession of land with the owner's consent in 1973, reserving only a claim for interest on compensation. The owner later filed a suit for permanent injunction seeking return of the land, which was dismissed. The High Court ordered fresh acquisition proceedings. The Supreme Court held that since possession was taken with consent and the suit was lost, the land need not be returned. Instead, under Article 142, the Court directed compensation be determined as of 1973 (when possession was taken), along with statutory benefits. The Court held that disputes regarding who is entitled to receive compensation must be resolved by the Land Acquisition Officer. Fresh suits on the same cause of action are barred. The appeal was allowed as an exceptional, non-precedential exercise of equitable powers."
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