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Supreme Court of India 2018-02-06 dismissed

Union of India & Anr vs Pushpavathi & Ors. etc

Bench: 2 — Abhay Manohar Sapre

In Brief

The Government of Pondicherry acquired land in 1986–87 for establishing a Central University, initially awarding compensation at Rs. 318 per are. After a reference under Section 18 of the Land Acquisition Act increased compensation for another landowner to Rs. 1,868 per are, the respondents applied under Section 28A for re-determination. The Collector re-determined their compensation but refused to award interest. The respondents challenged this refusal by writ petition. The Union of India argued that the proper remedy was a reference under Section 18 or 28A(3), not a writ petition. The Supreme Court held that disputes about non-award of interest cannot be decided through such statutory references—they must be raised solely by writ petition under Article 226, since interest is mandatory and statutory, and references under Section 18 cover only specified issues (measurement, amount, persons entitled, apportionment). The appeals were dismissed.

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Land Acquisition Property Rights Constitutional Law Administrative Law Compensation Interest on Compensation Writ Jurisdiction Civil Procedure

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