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Supreme Court of India 2018-02-06 dismissed

Union of India & Anr vs Pushpavathi & Ors. etc

Bench: 1 — Abhay Manohar Sapre

In Brief

The Union of India challenged writ petitions filed by landowners seeking interest on enhanced land acquisition compensation. The landowners claimed non-award of interest after the Collector redetermined compensation under Section 28A of the Land Acquisition Act. The government argued the remedy lay in statutory reference proceedings under Section 18 or 28A(3), not writ petitions. The Supreme Court held that disputes over non-award of interest under Sections 28 or 34 fall outside Section 18's scope and must be pursued via Article 226 writ petitions. Interest is statutory and mandatory once conditions are met, distinct from compensation determination. The Court dismissed the appeals, upholding the High Court's decision to entertain and allow the writ petitions on merits."

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Land Acquisition Public Law Administrative Law Constitutional Law Remedies

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