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august 2003

Supreme Court of India · 2003-08-26

TEJUMAL BHOJWANI (DEAD) vs STATE OF U.P.

Citation / case number
SC 1998/7632
Court
Supreme Court of India
Petitioner
TEJUMAL BHOJWANI (DEAD)
Respondent
STATE OF U.P.
Author
S.B. SINHA
Bench
S.B. SINHA

Judgment text excerpt

The Supreme Court addressed the appeals regarding compensation for land acquired under the U.P. Avas Evam Vikas Parishad Adhiniyam, 1965. The Court held that solatium and interest should be awarded as per the Land Acquisition (Amendment) Act, 1984, affirming the precedent set in U.P. Avas Evam Vikas Parishad Vs. Jainul Islam (1998 (2) S.C.C. 467). Additionally, the Court ruled that appropriate compensation must be awarded for structures and tube wells on the land, and clarified that the offer for compensation for trees cannot be withdrawn during Section 18 proceedings. The appeals were allowed in part, modifying the compensation awarded by the High Court.

TEJUMAL BHOJWANI (DEAD) vs STATE OF U.P. · Niyam