Union of
India & Ors. Vs. Mini India Housing Co-Op. Society & Ors. [2010] INSC
314 (27 April 2010)
Judgment
CIVIL
APPELLATE JURISDICTION CIVIL APPEAL NO.2771 OF 2002 Union of India and Ors.
...Appellant(s) Versus Mini India Housing Co-op. Society and Ors.
...Respondent(s) With Civil Appeal No.6225 of 2004 O R D E R Civil Appeal
No.2771 of 2002:
Heard
learned counsel for the parties to the lis.
In our
opinion, keeping in view the facts and circumstances of the case, we need not
have to interfere with the impugned order passed by the High Court of Calcutta
(Circuit Bench at Port Blair). Accordingly, we reject the civil appeal.
However,
the question of law raised by the appellants in this appeal is kept open to be
urged and argued in an appropriate case.
No order
as to costs.
Civil
Appeal No.6225 of 2004:
Heard
learned counsel for the parties to the lis.
This
appeal arises out of the order passed by the High Court of Calcutta (Circuit
Bench at Port Blair) in C.R. No.14 of 2002 dated 19th September, 2002.
....2/- -
2 - By the impugned order, the High Court has only directed the petitioner
therein, if it so desires, to file an appropriate application under Section 18
of the Land Acquisition Act, 1894. The High Court gave a week's time to the
petitioner therein to prefer such an application before the Reference Court.
Aggrieved
by the orders passed by the High Court of Calcutta in C.R. No.14 of 2002, the
appellant is before us in this appeal.
There was
a connected appeal bearing Civil Appeal No.2771 of 2002. In that appeal we have
taken a view that the lands in question are no more agricultural lands, but
non-agricultural lands.
It is now
for the appellant to make an appropriate application before the Reference Court
for fixing the higher rate of compensation in view of the fact that the lands
in question are the non-agricultural lands. In that view of the matter, we do
not intend to interfere with the order passed the High Court.
Accordingly,
we dispose of the appeal. However, we grant liberty to the appellant, if it so
desires, to make an appropriate application before the Reference Court within
four weeks from today. If such an application is filed, the Reference Court
will entertain the application and pass appropriate orders after affording
opportunity of hearing to the parties.
In the
facts and circumstances of the case, no order as to costs.
......................J. [H.L. DATTU]
......................J. [K.S. RADHAKRISHNAN]
New Delhi,
April 27, 2010.
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