Supreme Court of India
Brij Behari Sahai v. State of Uttar Pradesh
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What the Court ordered
We are of the view that Part VI of the Land Acquisition Act contains a complete code by itself so far as temporary occupation is concerned and provisions of s. 23 are not attracted.
Judgment, page 3
From the headnote
Land Acquisition Act, 1894: ss. 23 & 35-Temporary occupation of land-Statutory so/atium on the compensation decreed-Whether admissible. The appeals raise the question whether in a case where the Land Acquisition Officer takes temporary occupation, the person interested in the land was entitled to solatium on the compensation decreed in a proceeding under s. 35 of the Land Acquisition Act. The High Court refused to allow it. - Dismissing the appeals, the Court HELD: I. The provisions of s. 23(2) of the Land Acquisition Act providing for payment of statutory solatium are not attracted to a case
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