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Nagorao S/o Vitthalrao Salunke v. Regional Officer, MIDC, Latur & Ors.

Civil Appeal · 2017 INSC 627Decided 17 Jul 2017
Civil Appeal No. 9160 of 2017
Justice R.K. Agrawal · Justice Abhay Manohar Sapre

Background

The appellants' land had been acquired, and a dispute over the amount of enhanced compensation was pending. The Supreme Court had earlier, in a connected matter (Civil Appeal Nos. 7070-7071 of 2015), laid down a formula for releasing enhanced compensation to similarly situated landowners while their claims were still being finally resolved. This case (and a connected appeal) sought the same treatment for these appellants.

Decision Breakdown

The Court condoned the delay in filing and granted leave to appeal. Following its own earlier order in the connected 2015 appeals, it directed that 50% of the enhanced compensation awarded to the appellants be released to them immediately without requiring any security, while the remaining 50% would be released only after the appellants furnished security to the satisfaction of the Reference Court. The High Court's order was set aside and the appeals were allowed on these terms.

Lesson Learnt

Where compensation amounts remain under litigation, courts can order partial, practical release of funds to affected landowners (with safeguards like security for the balance) instead of making them wait years for the dispute's final resolution before receiving any money at all.

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

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