Supreme Court · 2013 INSC 443 · Decided 5 July 2013

Ramanlal Deochand Shah v. The State of Maharashtra & ANR.

Court
Supreme Court of India
Citation
2013 INSC 443 · [2013] 7 S.C.R. 631
Case number
CIVIL APPEAL No. 5160/2013
Decided
5 July 2013
Bench
T.S. THAKUR, GYAN SUDHA MISRA (2-judge bench)
Outcome
Case Partly allowed
Case type
Civil
Acts & sections cited
Land Acquisition Act Section 18, 23, 24

Headnote

LAND ACQUISITION ACT, 1894: A B s.18 ...,. Reference to civil court - Scope of - Held: A c reference.to civil court is not in the nature of an appeal where appellate forum takes a view based on the evidence before the forum below - In a reference, on the question of adequacy of compensation to prove that his award does not correctly determine the amount 0 of compensation and that it needs enhancement is upon· the landowner - To that extent the claimant is in the position· of a plaintiff before the court - In the absence of any evidence to prove that the amount

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