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august 1991

Supreme Court of India · 1991-08-09

A. VISWANATHA PILLAI AND ORS. vs SPECIAL TAHSILDAR FOR LAND ACQUISITIONNO. IV AND ORS.

Citation / case number
SC 1975/60587
Court
Supreme Court of India
Petitioner
A. VISWANATHA PILLAI AND ORS.
Respondent
SPECIAL TAHSILDAR FOR LAND ACQUISITIONNO. IV AND ORS.
Author
K. RAMASWAMY
Bench
K. RAMASWAMY

Judgment text excerpt

The Supreme Court held that under Section 18 of the Land Acquisition Act, 1894, when one coparcener seeks a reference for enhanced compensation, all coparceners are entitled to compensation pro-rata according to their shares, even if not all co-owners expressly requested the reference. The Court found that the lower courts erred in denying the appellants their share of the enhanced compensation, as the reference made by one brother implicitly included the claims of all coparceners. The appeals were allowed, and the appellants were entitled to their respective shares of the enhanced award with solatium and interest.

A. VISWANATHA PILLAI AND ORS. vs SPECIAL TAHSILDAR FOR LAND ACQUISITIONNO. IV AND ORS. · Niyam