Supreme Court · 2006 INSC 1002 · Decided 13 December 2006

Patel Joitaram Kjalidas and ORS. v. SPL. Land Acquisition Officer and ANR.

Court
Supreme Court of India
Citation
2006 INSC 1002 · [2006] SUPP. 10 S.C.R. 922
Case number
CIVIL APPEAL No. 5785/2006
Decided
13 December 2006
Bench
B.P. SINGH, ALTAMAS KABIR (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
Constitution; Land Acquisition Act Section 23(IA), 23(2), 23(lA), 18, 4

Headnote

Land Acquisition Act, 1894-Sections 23 (IA) and 23 (2)-lnterest on solatium-Entitlement to-Denied by reference Court in view of ruling of C Supreme Court-Appeal to High Court by Land Acquisition Office1 :iJ··missed­ lnterest not claim before High Court-On the date of judgment of Court seeking interest on solatium-Maintainability of appeal questioned on the ground that such plea not raised before High Court-Held: Though D claimants ought to have raised such claim before High Court, but the appeal is maintainable in view of the fact that they could not have raised the

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