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april 2011

Supreme Court of India · 2011-04-25

U.P. AVAS EVAM VIKAS PARISHAD, LUCKNOW vs SHEO NARAIN KUSHWAHA .

Citation / case number
SC 2006/7113
Court
Supreme Court of India
Petitioner
U.P. AVAS EVAM VIKAS PARISHAD, LUCKNOW
Respondent
SHEO NARAIN KUSHWAHA .
Author
R.V. RAVEENDRAN,A.K. PATNAIK, , ,
Bench
R.V. RAVEENDRAN,A.K. PATNAIK, , ,

Judgment text excerpt

The Supreme Court addressed an appeal under Section 54 of the Land Acquisition Act, 1894, challenging the Allahabad High Court's non-speaking order that upheld the Reference Court's compensation award of Rs.1,10,250/- per bigha for acquired land. The Court emphasized that an appeal under this section allows for a reconsideration of both law and fact, as established in Hari Shanker vs. Rao Girdhari Lal Chowdhury (AIR 1963 SC 698). The Court held that the High Court's dismissal without a reasoned judgment was improper, thereby reinforcing the necessity for appellate courts to provide grounds for their decisions.

U.P. AVAS EVAM VIKAS PARISHAD, LUCKNOW vs SHEO NARAIN KUSHWAHA . · Niyam