IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.2771 OF 2002

Union of India and Ors.                     ...Appellant(s)

Versus

Mini India Housing Co-op. Society and Ors.                     ...Respondent(s)

With Civil Appeal No.6225 of 2004

O  R  D  E  R

Civil Appeal No.2771 of 2002:

Heard learned counsel for the parties to the lis.

In  our  opinion,  keeping  in  view  the  facts  and  

circumstances of the case, we need not have to interfere with  

the  impugned  order  passed  by  the  High  Court  of  Calcutta  

(Circuit Bench at Port Blair).  Accordingly, we reject the  

civil appeal.

However, the question of law raised by the appellants  

in this appeal is kept open to be urged and argued in an  

appropriate case.

No order as to costs.

Civil Appeal No.6225 of 2004:

Heard learned counsel for the parties to the lis.

This appeal arises out of the order passed by the  

High Court of Calcutta (Circuit Bench at Port Blair) in C.R.  

No.14 of 2002 dated 19th September, 2002.   

....2/-

- 2 -

By  the  impugned  order,  the  High  Court  has  only  

directed the petitioner therein, if it so desires, to file an  

appropriate  application  under  Section  18  of  the  Land  

Acquisition Act, 1894.  The High Court gave a week's time to  

the petitioner therein to prefer such an application before  

the Reference Court.   

Aggrieved by the orders passed by the High Court of  

Calcutta in C.R. No.14 of 2002, the appellant is before us in  

this appeal.

There  was  a  connected  appeal  bearing  Civil  Appeal  

No.2771 of 2002.  In that appeal we have taken a view that  

the lands in question are no more agricultural lands, but  

non-agricultural lands.

It is now for the appellant to make an appropriate  

application before the Reference Court for fixing the higher  

rate of compensation in view of the fact that the lands in  

question are the non-agricultural lands.  In that view of the  

matter, we do not intend to interfere with the order passed  

the High Court.

Accordingly, we dispose of the appeal.  However, we  

grant liberty to the appellant, if it so desires, to make an  

appropriate  application  before  the  Reference  Court  within  

four weeks from today.  If such an application is filed, the  

Reference  Court  will  entertain  the  application  and  pass  

appropriate orders after affording opportunity of hearing to  

the parties.

In the facts and circumstances of the case, no order  

as to costs.

......................J.               [H.L. DATTU]

......................J.               [K.S. RADHAKRISHNAN]

New Delhi, April 27, 2010.