Niyam v2 is live — start for just ₹100 — 200 credits to try

january 1995

Supreme Court of India · 1995-01-18

KHANNA IMPROVEMENT TRUST vs LAND ACQUISITION TRIBUNAL & ORS.

Citation / case number
SC 1990/77043
Court
Supreme Court of India
Petitioner
KHANNA IMPROVEMENT TRUST
Respondent
LAND ACQUISITION TRIBUNAL & ORS.
Author
K. RAMASWAMY
Bench
K. RAMASWAMY

Judgment text excerpt

The Supreme Court held that the High Court erred in increasing the belting depth from 43 ft. to 50 ft. for compensation under the Punjab Town Improvement Act, 1922, as it exceeded its jurisdiction under Article 226 of the Constitution. The Court emphasized that the High Court should not have acted as an appellate court and corrected the Tribunal's award without factual basis. Additionally, the Court set aside the High Court's award of additional interest at 12% per annum under Section 23(1-A) of the Land Acquisition Amendment Act, 1984, citing precedent from K.S. Paripoornan v. State of Kerala, 1994 (5) SCC 593.

KHANNA IMPROVEMENT TRUST vs LAND ACQUISITION TRIBUNAL & ORS. · Niyam