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july 2013

Supreme Court of India · 2013-07-03

KAZI AKILODDIN SUJAODDIN vs STATE OF MAHARASHTRA .

Citation / case number
SC 2011/33709
Court
Supreme Court of India
Petitioner
KAZI AKILODDIN SUJAODDIN
Respondent
STATE OF MAHARASHTRA .
Author
SUDHANSU JYOTI MUKHOPADHAYA
Bench
SUDHANSU JYOTI MUKHOPADHAYA T.S. THAKUR

Judgment text excerpt

The Supreme Court upheld the High Court's order directing the State of Maharashtra to deposit rental compensation at 8% per annum on the award value for land occupied before formal acquisition, despite the Land Acquisition Act, 1894 not providing for such compensation. The Court clarified that entitlement to rental compensation arises from state resolutions and instructions, and allowed the appellant to withdraw 50% of the deposited amount upon furnishing security. The judgment reinforces the principle that state resolutions can govern compensation matters in land acquisition cases.

KAZI AKILODDIN SUJAODDIN vs STATE OF MAHARASHTRA . · Niyam