Supreme Court · 1995 INSC 666 · Decided 1 November 1995
State of Maharashtra v. Babu Govind Gavate ETC.
- Court
- Supreme Court of India
- Citation
- 1995 INSC 666 · [1995] SUPP. 4 S.C.R. 694
- Case number
- CIVIL APPEAL No. 3009/1983
- Decided
- 1 November 1995
- Bench
- K. RAMASWAMY, B.N. KIRPAL (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- Constitution; Land Acquisition Act Section 23(1), 23(2), 4(1)
Headnote
Land Acquisition Act, 1894/Bombay Tenancy and Agricultural Land; Act, 1948: Sections 4( 1), 23/43-Compensation-Award of-Deduction of one­ third Compe11satio11 in exercise of power u11der eminent domain-Validity of-Held, it is ultra vires the power a11d owner entitled to full compensation of D lands were acquired under the Land Ac11uisition Act. Compensation was awarded at Rs. 5,000 per acre, but one thirds towards interest of Govern­ ment was deducted. Respondent challenged the Government's power to deduct one-third compensation, but the appellate Court confirmed the same. E On
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