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Bahubali Ravaji Doshi and Ors. v. State of Maharashtra and Anr.

Civil Appeal · Neutral citation not assigned (Civil Appeal No. 7193 of 2016)Decided 1 Aug 2016
Civil Appeal No. 7193 of 2016
Justice Kurian Joseph · Justice Rohinton Fali Nariman

Background

The appellants' land had been acquired by the State of Maharashtra, and the State had deposited compensation for the land with the Reference Court. In connected matters before the Supreme Court, the Court had already directed the Reference Court to release 50% of such deposited amounts to claimants without any security, and the remaining 50% on furnishing security to the Court's satisfaction. The appellants sought the same benefit for their own case.

Decision Breakdown

Finding the nature of the order proposed to be passed made it unnecessary to issue notice to the respondents, the Court granted leave and held that the order passed in the connected matters, releasing 50% of the deposited compensation without security and the balance 50% on furnishing security, would also govern the appellants' case. It further directed the High Court to adopt the same pattern in all connected cases so that parties would not need to approach the Supreme Court separately. The appeal was disposed of with no order as to costs, simply extending an existing, settled arrangement to this case.

Lesson Learnt

When the Supreme Court has already worked out a fair, practical formula for releasing disputed compensation money in one batch of cases, it can, and will, extend that same formula to similarly placed litigants without forcing them through a fresh round of litigation.

Official source (sci.gov.in)View Judgment (PDF)

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