TaxTMI 
TaxTMI 
2024 (5) TMI 1552
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.... be amended accordingly. 2 Leave granted. 3 This appeal arises from a order passed by the High Court of Judicature at Patna dated 7 February 2023 in the Letters Patent Appeal No 997 of 2019 in Civil Writ Jurisdiction Case No 8408 of 2019 by which the Division Bench of the High Court disposed of the Letters Patent Appeal by asking the appellant herein to file an appropriate application before the concerned authority for disbursement of the value of the land assessed at Rs 4,68,099. 4 The facts giving rise to this appeal may be summarized as under: In the year 1976, a notification under Section 4 of the Land Acquisition Act was issued for the purpose of construction of State Highway as notified by the State of Bihar. The land owned b....
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....n the following terms: "A hard copy of the supplementary affidavit on behalf of the State has been filed across the Board. Let it be taken on record. In view of the categorical stand of the State that the land of the appellants had been consumed and that the State is ready to compensate the appellants, nothing remains in this appeal to be decided. The appellants have been informed about the value of the land has been assessed at Rs 4,68,099/- . All that the appellants have to do is to file an application before the concerned authority as to how the amount shall be apportioned between him and his son. It is expected that the decision in that regard by the State Authority shall be taken wi....
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....ned order. 12 We take notice of the fact that the Single Judge of the High Court thought fit to reject the writ petition only on the ground of delay and in appeal, the appellate court disposed of the appeal asking the appellant herein to file an application before the concerned authority for disbursement of the amount of compensation. 13 We take notice of two things: First, the High Court in its impugned order has stated that the appellant herein has been informed about the value of the land assessed at Rs 4,68,099. We fail to understand on what basis this figure has been arrived at; at what point of time this amount came to be assessed; and the basis for the assessment of such amount. Secondly, the order of the High Court could be sa....
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....is right to receive compensation. Now the legal heirs of the appellant are pursuing this litigation. 17 In 1976, when the land of the appellant came to be acquired the right to property was a fundamental right guaranteed by Article 31 in Part III of the Constitution. Article 31 guaranteed the right to private property, which could not be deprived without due process of law and upon just and fair compensation. 18 The right to property ceased to be a fundamental right by the Constitution (Forty-Fourth Amendment) Act, 1978, however, it continued to be a human right in a welfare State, and a constitutional right under Article 300-A of the Constitution. Article 300-A provides that no person shall be deprived of his property save by authori....
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....ce and by different political thinkers that some amount of property right is an indispensable safeguard against tyranny and economic oppression of the Government. Jefferson was of the view that liberty cannot long subsist without the support of property. "Property must be secured, else liberty cannot subsist" was the opinion of John Adams. Indeed the view that property itself is the seed-bed which must be conserved if other constitutional values are to flourish, is the consensus among political thinkers and jurists." (Emphasis supplied) 22 In Jilubhai Nanbhai Khachar v. State of Gujarat reported in 1995 Supp (1) SCC 596, this Court held as follows: "48. ... In other words, Article 300-A only limits the powers of the State tha....
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.... circumstances shock the judicial conscience of the court. The condition of delay is a matter of judicial discretion, which must be exercised judiciously and reasonably in the facts and circumstances of the case. As held by this Court, it would depend upon the breach of fundamental rights, and the remedy claimed, and when and how the delay arose. There is no period of limitation prescribed for the courts to exercise their constitutional jurisdiction to do substantial justice. 26 In a case where the demand for justice is so compelling, a constitutional court would exercise its jurisdiction with a view to promote justice, and not defeat it. [See: P.S. Sadasivaswamy v. State of T.N., (1975) 1 SCC 152] 27 In Tukaram Kana Joshi v. MIDC rep....