LAWS(KER)-2014-6-13

MOONEY Vs. STATE OF KERALA

Decided On June 04, 2014
Mooney Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) What is the rule of appropriation in the case of short fall in deposit of the amount due under an award in Land Acquisition Reference I heard Mr. Pius C. Mundadan, Advocate on behalf of the claimants, Mr. N.N. Sugunapalan, Senior Advocate on behalf of the requisitioning authority and the Government Pleader on behalf of the State.

(2.) A Constitution Bench of the Supreme Court in Gurpreet Singh Vs. Union of India, 2006 8 SCC 457 held as follows:

(3.) The above decision was quoted with approval in Bharat Heavy Electricals Ltd. Vs. R.S. Avtar Singh & Co.,2013 AIR(Civ) 11 wherein it is held as follows: