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december 2013

Supreme Court of India · 2013-12-17

Bhusawal Municipal Council vs Nivrutti Ramchandra Phalak & Ors

Court
Supreme Court of India
Petitioner
Bhusawal Municipal Council
Respondent
Nivrutti Ramchandra Phalak & Ors
Author
B. S. Chauhan
Bench
B.S. Chauhan, S.A. Bobde

Judgment text excerpt

The Supreme Court addressed appeals against the Bombay High Court's orders regarding interim relief in land acquisition compensation under the Maharashtra Regional and Town Planning Act, 1966 and the Land Acquisition Act, 1894. The Court emphasized that the appellant-Municipal Council's inability to pay the enhanced compensation, as mandated by Section 18 of the Land Acquisition Act, does not justify delaying payment, especially when the land was acquired for public purposes under Article 21A of the Constitution. The Court upheld the High Court's directive for the Municipal Council to pay 50% of the enhanced compensation, rejecting the appeal for a stay on payment.

Bhusawal Municipal Council vs Nivrutti Ramchandra Phalak & Ors · Niyam