Supreme Court of India · 1995-12-04
NEW REVIERA CO-OP. HOUSING SOCIETY vs SPL. LAND ACQUISITION OFFICER .
- Citation / case number
- SC 1993/89129
- Court
- Supreme Court of India
- Petitioner
- NEW REVIERA CO-OP. HOUSING SOCIETY
- Respondent
- SPL. LAND ACQUISITION OFFICER .
- Author
- K. RAMASWAMY
- Bench
- K. RAMASWAMY
Judgment text excerpt
The Supreme Court held that the delay in making the award under the Land Acquisition Act does not render the proceedings under Sections 4(1) and 6 lapsed as per Section 11-A, since this point was not argued before the High Court. The Court emphasized that it cannot entertain new arguments not raised in the lower court. The appeal was dismissed, affirming that once compensation is deposited under Section 31, possession vests in the State under Section 16, free from encumbrances. The Court also noted that Article 21 of the Constitution applies in cases of land acquisition by the State.