A.V. Subramanian Vs. Union of India and ANR- 10/01/2017

In a land acquisition case the claimants have received different amounts by way of compensation and that too in respect of the lands of same nature covered by the same notification and acquired for the same purpose

We hold that the appellant shall be entitled to the benefit of the judgmentJudgment The statement given by the Judge on the grounds of a decree or order - CPC 2(9). It contains a concise statement of the case, points for determination, the decision thereon, and the reasons for such decision - Order 20 Rule 4(2).  Section 354 of CrPC requires that every judgment shall contain points for determination, the decision thereon and the reasons for the decision. Indian Supreme Court Decisions > Law declared by Supreme Court to be binding on all courts (Art 141 Indian Constitution) Civil and judicial authorities to act in aid of the Supreme Court (Art 144) Supreme Court Network On Judiciary – Portal > Denning: “Judges do not speak, as do actors, to please. They do not speak, as do advocates, to persuade. They do not speak, as do historians, to recount the past. They speak to give Judgment. And in their judgments, you will find passages, which are worthy to rank with the greatest literature….” Law Points on Judgment Writing > The judge must write to provide an easy-to-understand analysis of the issues of law and fact which arise for decision. Judgments are primarily meant for those whose cases are decided by judges (State Bank of India and Another Vs Ajay Kumar Sood SC 2022) of this court  IN Pattammal & Others. v. Union of IndiaIndia Bharat Varsha (Jambu Dvipa) is the name of this land mass. The people of this land are Sanatan Dharmin and they always defeated invaders. Indra (10000 yrs) was the oldest deified King of this land. Manu's jurisprudence enlitened this land. Vedas have been the civilizational literature of this land. Guiding principles of this land are : सत्यं वद । धर्मं चर । स्वाध्यायान्मा प्रमदः । Read more and Another dated 08.11.2005 passed in Civil Appeal No.1500 of 2004.

DATE:-JANUARY 10, 2017

SUPREME COURT OF INDIA

[Civil Appeal No(S). 303 of 2017 arising from SLP (C) No. 5108 of 2014]

KURIAN, J.

1. Leave granted.

2. Aggrieved by the award passed by the Additional District Judge, Karaikal on 24.1.1994 in L.A.O.P. No.38/1993, the Union of India approached the High Court in A.S.583 of 1994. The said appeal was partly allowed by the judgment dated 23.02.2001, reducing the compensation.

3. Aggrieved, the appellant approached this Court in SLP(C) No.16046 of 2001, which was dismissed in limine – “Special leave petition is dismissed,” by order dated 28.09.2001. Since, the dismissal was not on meritsMerits Strict legal rights of the parties; a decision “on the merits” is one that reaches the right(s) of a party as distinguished from a disposition of the case on a ground not reaching the rights raised in the action; for example, in a criminal case double jeopardy does not apply if charges are nolle prossed before trial commences, and in a civil action res judicata does not apply if a previous action was dismissed on a preliminary motion raising a technicality such as improper service of process., the appellant filed a review petition before the High Court on 20.11.2001.

When the said review petition was pending before the High Court, in a connected matter, this Court in Civil Appeal No.1500 of 2004 by judgment dated 08.11.2005 titled Pattammal & Others. v. Union of India and Another reported in (2005) 13 SCC 63, allowed the appeal and restored the award passed by the Reference Court.

The appellant contended before the High Court that in view of the subsequent judgment by this Court and in view of the fact that the review petition was already pending before the High Court, the appellant should get the benefit of the judgment dated 08.11.2005 of this Court. It was not in dispute that the acquisition in both the cases was pursuant to the same notification and for the same purpose and the acquired lands were similar. However, the High Court declined to review the judgment. Thus, aggrieved, the appellant is before this Court.

4. As rightly submitted by Shri Venkatramani, learned senior counsel appearing for the Union of India, unless the order passed by this Court in the special leave petition, which rendered in dismissal on 28.09.2001, is reviewed and unless there is also a challenge thereafter to the original order passed by the High Court dated 23.02.2001, the appellant cannot succeed.

5. We may not have any quarrel with the legal position. However, having regard to the factual position that in a land acquisition case the claimants have received different amounts by way of compensation and that too in respect of the lands of same nature covered by the same notification and acquired for the same purpose, we are of the view that all these technicalities should give way since they are procedural and which can still be cured. We do not think that the appellant should be driven to such steps having regard to the factual position we have referred to above.

6. Therefore, we are of the view that the lis should be given a quietus. For doing complete justice, we hold that the appellant shall be entitled to the benefit of the judgment of this court dated 08.11.2005 passed in Civil Appeal No.1500 of 2004.

7. In case the appellant has already received payments, needless to say that the obligation under the security offered before the High Court will stand discharged.

8. . In view of the above, the impugned order is set aside and the appeal is allowed, as above.

9. There shall be no order as to costsCosts Subject to any written law, costs are at the discretion of the Court, and the Court has the power to determine all issues relating to the costs of or incidental to all proceedings, including by whom and to what extent the costs are to be paid, at any stage of the proceedings or after the conclusion of the proceedings. Generally “Costs” includes charges, disbursements, expenses, fees, and remuneration. Costs in any matter are payable from the date of the order of the Court unless the parties otherwise agree. The costs of a third-party funding contract are not recoverable as part of the costs of, or costs..

10. Pending application(s), if any, shall stand disposed of.

KURIAN JOSEPH

 A.M. KHANWILKAR