Case Note & Summary
The case involved an appeal by U.P. Avas Evam Vikas Parishad against an order of the High Court that refused to grant an interim order to stay the Reference Court's decision regarding enhanced compensation under the Land Acquisition Act, 1894. The Supreme Court considered the application for condonation of delay in making the deposit of 50% of the enhanced amount as per its earlier order dated 04.01.2007. The appellant's counsel argued that the delay in depositing the amount led to the High Court's refusal to accept the deposit, despite the amount being tendered. The Supreme Court decided to condone the delay and directed the High Court to accept the deposit, allowing the claimants to withdraw 50% of the enhanced compensation without furnishing security. The stay granted on 04.01.2007 was ordered to continue until the appeal's disposal before the High Court. The appeal was disposed of without any order as to costs.
Headnote
A) Land Acquisition - Condonation of Delay - Delay in Deposit of Compensation - Land Acquisition Act, 1894, Section 18 - The Supreme Court condoned the delay in depositing 50% of the enhanced compensation and directed the High Court to accept the deposit made by the appellant. The court emphasized the necessity of allowing the deposit to proceed to ensure the claimants could withdraw the compensation as ordered (Paras Not mentioned).
Issue of Consideration
Whether the delay in depositing the enhanced compensation could be condoned and if the High Court should accept the deposit.
Final Decision
The Supreme Court condoned the delay in depositing 50% of the enhanced compensation and directed the High Court to accept the deposit. The stay granted on 04.01.2007 was ordered to continue until the appeal's disposal before the High Court.
Law Points
- Condonation of delay
- interim order
- stay of operation
- deposit of compensation
- Land Acquisition Act
- 1894
