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may 1996

Supreme Court of India · 1996-05-06

BAI SHAKRIBEN (D) BY LR. vs SPECIAL LAND ACQN. OFFICER

Citation / case number
SC 1996/1929
Court
Supreme Court of India
Petitioner
BAI SHAKRIBEN (D) BY LR.
Respondent
SPECIAL LAND ACQN. OFFICER
Author
K. RAMASWAMY
Bench
K. RAMASWAMY

Judgment text excerpt

The Supreme Court ruled that the reference Court lacks jurisdiction under Order 47 Rule 1 and Section 151 CPC to amend a final decree for compensation under the Land Acquisition Act, 1984, despite the amendments introduced by Central Act 68. The Court emphasized that the inherent powers under Section 151 CPC are not applicable in this case, as the provisions of Sections 23(1-A), 23(2), and 28 of the Act provide explicit authority for compensation determination. The appeal was dismissed, affirming the High Court's decision that the executing Court cannot grant additional benefits beyond the original award.

BAI SHAKRIBEN (D) BY LR. vs SPECIAL LAND ACQN. OFFICER · Niyam