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Shri Badru (Since Deceased) Through L.R. Hari Ram Etc. v. NTPC Limited

Civil Appeal · 2019 INSC 767Decided 16 Jul 2019
Civil Appeal Nos. 5557-5559 of 2019
Justice Abhay Manohar Sapre · Justice Indu Malhotra

Background

This order sends the matter back; it does not decide the compensation. Land was acquired for NTPC. The Reference Court awarded Rs. 5,00,000 per bigha. The High Court dismissed the landowners' cross-objection for more without reasons, only because it had dismissed the appeal by NTPC and the State.

Decision Breakdown

This is not a final decision on compensation. The Court held that a cross-objection must be decided on its own merits under Order 41 Rule 22(4) CPC even if the main appeal is dismissed. It set aside the dismissal and sent the cross-objection back to the High Court, without expressing any view on whether enhancement is due.

Lesson Learnt

A cross-objection does not fall with the main appeal; it must be decided on its merits with reasons.

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

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