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Can an enhanced compensation award stand despite the exemplar judgments forming its basis being later set aside? The Karnataka High Court addressed this question in a dispute concerning land acquired for the Hassan-Arasikere Railway Project,
The Court held that landowners are entitled to compensation for land acquired for a service road in a National Highway widening project and directed payment of the compensation amount, holding the denial of compensation for such land to be arbitrary.
“Parents spend the most vital years of their lives toiling for the nourishment, education, and future of their children, often with no expectation in return. But to be repaid in the winter of their lives with cruelty, neglect, or abandonment is not only a moral disgrace but also a legal violation.”
Supreme Court highlighted that the judgment in Union of India v. Pradeep Kumari, (1995) 2 SCC 736 has been rendered after considering the relevant provisions of the Statute and the principles of interpretation. However, the judgment in Ramsingbhai Jerambhai v. State of Gujarat, (2018) 16 SCC 445 is a short judgment only referring to the text of Section 28-A(1) of 1894 Act.
Supreme Court considered what would be fair and just compensation to do justice between the parties so that landowners get a fair and reasonable compensation for losing their land.
Bombay High Court refused to exercise its discretionary powers under Article 226 of Constitution of India keeping in view that the Bullet Train Project is an Infrastructural Project of national importance.
‘The bureaucracy defends the status quo long past the time when the quo has lost its status.' Gurgaon Civil Court orders attachment of the office of Executive Engineer, PWD (B&R) due to delay in compensation against land acquired in 1966.