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september 2010

Supreme Court of India · 2010-09-20

SHYAMALIKA DAS vs GEN.MANAGER,GRIDCO

Citation / case number
SC 2010/17223
Court
Supreme Court of India
Petitioner
SHYAMALIKA DAS
Respondent
GEN.MANAGER,GRIDCO
Author
R.V. RAVEENDRAN,H.L. GOKHALE, , ,
Bench
R.V. RAVEENDRAN,H.L. GOKHALE, , ,

Judgment text excerpt

The Supreme Court held that the High Court exceeded its jurisdiction under Section 100 of the Code of Civil Procedure by misapplying Sections 89 and 151, which pertain to alternative dispute resolution and inherent powers of the court. The Court clarified that Section 89 allows for referral to non-adjudicatory processes only when there is a possibility of settlement, and not for unilateral decisions. The judgment of the High Court was set aside, reinforcing that compensation for land use must be determined through proper legal channels rather than arbitrary judicial intervention.

SHYAMALIKA DAS vs GEN.MANAGER,GRIDCO · Niyam