2011 (1) TMI 1307 - SC - Indian Laws

Supreme Court Refunds Unjust Deductions in Land Acquisition Case

DEVINDER SINGH & ORS. Versus STATE OF PUNJAB & ORS.

DEVINDER SINGH & ORS. Versus STATE OF PUNJAB & ORS. - 2008 AIR 261, 2007 (11) SCR 475, 2008 (1) SCC 728, 2007 (12) JT 256, 2007 (12) SCALE 496 Issues: Land acquisition proceedings, refund of chargesLand Acquisition Proceedings:The Supreme Court heard the counsel for the parties regarding the acquisition of 241 kanals of land, where most of the acquisition was quashed except for 35 kanals. The applicant argued that the judgment should only apply to those who challenged the acquisition in court, not to those who did not. Despite the legal position, the Court noted that only a small portion of land remained with the applicant, and thus, no clarification was deemed necessary. However, the applicant's counsel highlighted that the State Government had retained a significant sum while refunding the applicant, citing acquisition and departmental charges along with super structure charges. The Court found these deductions unjustified, considering the faulty notification issued by the State Government, which was quashed by the Court. Consequently, the Court ordered the refund of the deducted amounts, totaling &8377; 44,85,179/- and &8377; 11,00,000/-, to the applicant.Refund of Charges:In response to the applicant's plea, the Court held that the State Government's retention of amounts representing acquisition and departmental charges, along with super structure charges, was unwarranted. The Court emphasized that the applicant bore no responsibility for the faulty notification issued by the State Government, which led to the quashing of the acquisition proceedings. Therefore, the Court directed the State Government to refund the amounts of &8377; 44,85,179/- and &8377; 11,00,000/- to the applicant. The applications filed by the applicant were disposed of accordingly, with no order as to costs being issued.