Supreme Court of India · 2017-11-16
MITESH KUMAR RAMANBHAI PATEL vs STATE OF GUJARAT
- Citation / case number
- SC 2014/22391
- Court
- Supreme Court of India
- Petitioner
- MITESH KUMAR RAMANBHAI PATEL
- Respondent
- STATE OF GUJARAT
- Author
- HON'BLE MR. JUSTICE ARUN MISHRA
- Bench
- HON'BLE MR. JUSTICE MOHAN M. SHANTANAGOUDAR HON'BLE MR. JUSTICE ARUN MISHRA
Judgment text excerpt
The Supreme Court held that a reference under Section 18 of the Land Acquisition Act is maintainable even when consent is given, particularly when the consent forms were executed under questionable circumstances, such as being blank and filled later. The Court emphasized that fairness dictates that landowners should not be bound by outdated compensation rates from 1989, especially given the significant delay in the acquisition process. The Court upheld the reference court's decision to enhance compensation, ruling that the State's reliance on the consent forms was unjustified due to the lack of enforceability and the circumstances surrounding their execution.