STATE OF U.P.versusRATAN LAL ETC.
- Citation
- 1995 INSC 505
- Decided
- 28 August 1995
- Disposal
- Disposed off
Holding
The State shall deposit 50% of the amount awarded by the Reference Court within two months, otherwise the stay shall be vacated, and respondents may withdraw half the amount without security and the balance upon furnishing security, subject to the pending appeals.
Summary
The State of Uttar Pradesh appealed a High Court order concerning compensation awarded under the Land Acquisition Act, 1894. The Supreme Court examined whether the State should be required to deposit a portion of the awarded amount while the appeal is pending. It directed the State to deposit 50% of the compensation awarded by the Reference Court within two months, failing which the stay would be vacated. The respondents were permitted to withdraw half of the deposited amount without providing security, and the remaining half could be released upon furnishing satisfactory security to the Reference Court. These arrangements were made subject to the outcome of the appeals pending before the High Court. No costs were awarded, and the appeal was disposed of.
Issues considered
- What is the appropriate quantum of deposit the State must make pending the final determination of compensation under the Land Acquisition Act, 1894?
- Can the respondents withdraw the deposited compensation without security, and under what conditions?
- What is the effect on the stay order if the State fails to make the required deposit?
Legislation cited
Subjects
Judgment
STATE OF U.P. A
v
RAT AN LAL ETC.
AUGUST 28, 1995
[K. RAMASWAMY AND B.L. HANSARIA, JJ.] B
Land Acquisition Act, 1894: Acquisition-Compensation-Directions
regarding.
Disposing the appeal against the High Court's order, this Court C
HELD : The appellant-State shall deposit 50% of the amount
awarded by Reference Court failing which the stay shall be vacated. The
- respondents can withdraw half the amount without security and the
balance against security. This will be subject to the result of appeals
pending in the High Court. [113-H; 114-A) D
CIVIL APPELLATE JURISDICTION : Civil Appeal No. 7974 of
1995 Etc.
From the Judgment and Order dated 18.11.94 of the Allahabad High
Court in F.A. No. 85 of 1992. E
AB. Rohtagi, Nalin Tripathi and R.B. Misra for the Appellant.
Ranbir Yadav for the Respondent in C.A. No. 7975/95.
The following Order of the Court was delivered : F
Leave granted.
Though the respondents have been served, they did not appear in
• appeals arising out of SLPs 3672/95 and 3753/95 either in person or through
counsel. Mr. Ranbir Yadav is appearing for respondent, Banwari Lal in G
appeal arising out of S.L.P. No. 3750/95. We have heard the counsel on
both sides.. On the facts and circumstances, we think that the interests of
justice will be served and we so direct the appellant to deposit 50';!{ of the
amount awarded by the Reference Court within a period of two months
from today. On the deposit so made, respondents will be at liberty to H
113
114 SUPREME COURT REPORTS (1995) SUf P. 3 S.C.R.
A withdraw half the amount without security and the balance half on furnish-
ing the security to the satisfaction of the Reference Court. The deposits
and withdrawal will be subject to the result in the appeals now pending in
the High Court. In default of the deposit as stated above, the stay shall
stand vacated. No Costs.
T.N.A. Appeal disposed of.
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