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april 1995

Supreme Court of India · 1995-04-17

WARDINGTON LYNGDOH vs COLLECTOR, MAWKYRWAT

Citation / case number
SC 1995/4291
Court
Supreme Court of India
Petitioner
WARDINGTON LYNGDOH
Respondent
COLLECTOR, MAWKYRWAT
Author
K. RAMASWAMY
Bench
K. RAMASWAMY

Judgment text excerpt

The Supreme Court addressed the validity of a reference for enhanced compensation under Section 18 of the Land Acquisition Act, 1890, after the appellants had received compensation. The Court held that the appellants' objection to the award was valid despite prior acceptance of compensation, as Section 31(2) prohibits claims under Section 18 for those who accepted payment without protest. The Court emphasized that the Special Judicial Officer had the authority to reassess compensation under Section 23, leading to the conclusion that the High Court's reversal of the reference court's decision was incorrect.

WARDINGTON LYNGDOH vs COLLECTOR, MAWKYRWAT · Niyam