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Collector, Land Acquisition, Anantnag v. Mst. Katiji [1987] 167 ITR 471 (SC)

Case Law Details

TaxGuru Citation
1987 taxguru.in 1
Case Name
Collector, Land Acquisition, Anantnag v. Mst. Katiji & Ors. (Supreme Court)
Date of Judgement/Order
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Collector, Land Acquisition, Anantnag v. Mst. Katiji & Ors. (Supreme Court)

Citation: [1987] 167 ITR 471 (SC); (1987) 2 SCC 107
Judgment dated: 19 February 1987
Appeal: Civil Appeal No. 460 of 1987

Summary: The Supreme Court allowed the State of Jammu and Kashmir’s appeal against the rejection of its application to condone a four-day delay. The underlying appeal challenged an enhancement of land acquisition compensation from ₹1,000 to ₹8,000 per kanal and raised questions about valuation principles. The High Court had dismissed it as time-barred. Interpreting “sufficient cause” under Section 5 of the Limitation Act, 1963, the Supreme Court said courts should apply the provision in a practical, justice-oriented manner so that a matter capable of being heard on merits is not defeated by a non-deliberate delay. It explained that requiring an account of every day’s delay does not call for a pedantic approach, and that delay should not be presumed deliberate or mala fide. The State must receive the same equitable treatment as any other litigant. On the facts, the Court found sufficient cause, condoned the delay, set aside the High Court’s dismissal and remitted the appeal for a decision on merits after hearing both sides. The Court did not decide the compensation valuation dispute.

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