LAWS(SC)-2018-2-88

INDORE DEVELOPMENT AUTHORITY Vs. SHAILENDRA

Decided On February 08, 2018
INDORE DEVELOPMENT AUTHORITY Appellant
V/S
SHAILENDRA Respondents

JUDGEMENT

(1.) In Indore Development Authority v. Shailendra (Dead) through LRs. & Others [C.A No.20982 of 2017] correctness of the decision of Pune Municipal Corporation & Anr. v. Harakchand Misirimal Solanki [2014 (3) SCC 183] has been doubted. The main issue is interpretation of section 24 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short, 'the Act of 2013') and section 31 of the Land Acquisition Act, 1894 (for short, 'the Act of 1894').

(2.) In Yogesh Neema and Ors. v. State of M.P. and Ors. [S.L.P. [C] No.10742 of 2008] vide order of 12.1.2016, observing that other question, that may arise undoubtedly to be considered question Nos. IV and V have been referred. Following questions arises for consideration:

(3.) Question that has been referred in as to meaning of the expression 'paid' used in section 24 of Act of 2013 and expression 'tender' used in section 31(1) of Act of 1894 when deposit under section 31(2) of Act of 1894 is necessary, effect of refusal to accept compensation and whether deposit in treasury is permissible and effect of non-deposit of compensation in Court.