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Manjari Tanty @ Laria v. Special Land Acquisition Officer and Sub Collector

Civil Appeal · 2021 INSC 557Decided 27 Sept 2021
Civil Appeal No. 6111 of 2021
Justice Ajay Rastogi · Justice Abhay S. Oka

Background

Land belonging to one late Jadumani was acquired in Sundargarh, Odisha for an Ultra Mega Power Project. The appellant claimed 50% of the compensation as a legal heir, but her claim was rejected by the Land Acquisition Officer on the ground that her father, Kuladhara, had pre-deceased Jadumani (said to have died on 14.07.1973). The appellant maintained her father actually died later, on 14.07.1993, which would entitle her to the share. Lower courts gave conflicting findings on this single factual question, and the Orissa High Court ultimately ruled against the appellant.

Decision Breakdown

The Supreme Court had earlier (in 2019) directed the District & Sessions Judge, Sundargarh, to specifically inquire into and report on the actual date of Kuladhara's death. After reviewing the oral and documentary evidence, the District Judge reported that Kuladhara died on 14.07.1993. The Supreme Court accepted this report, held the High Court's 2019 order (which had gone against the appellant) unsustainable in light of this finding, and set it aside. The Court restored the Civil Judge's 2016 order and confirmed the appellant's entitlement to 50% of the compensation.

Lesson Learnt

When a land acquisition compensation dispute turns on a disputed fact like a date of death, the Supreme Court can direct a focused local judicial inquiry into that specific fact, and will decide the final entitlement based on the resulting report rather than leaving the matter unresolved.

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

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