Supreme Court · 2013 INSC 844 · Decided 17 December 2013
Bhusawal Municipal Council v. Nivrutti Ramchandra Phalak & ORS.
- Court
- Supreme Court of India
- Citation
- 2013 INSC 844 · [2013] 17 S.C.R. 259
- Case number
- CIVIL APPEAL No. 11227/2013
- Decided
- 17 December 2013
- Bench
- B.S. CHAUHAN, S.A. BOBDE (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- Constitution Article 300A; Land Acquisition Act Section 11, 18
Headnote
Land Acquisition: A B Agricultural land - Acquired by Municipal Council - For c opening a primary school - High Court, by an interim order, directing appellant-Council to pay to respondents 50% of enhanced compensation as awarded by reference court - Held: If the land is to be acquired, payment of compensation - In case the party by whom or for 0 whom the land is acquired is not in a position to make the payment of compensation, the person-aggrieved becomes entitled to get the land restored - Payment of compensation as per award u/s 11 of the Act 1894, cannot be sufficient
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