News-Bulletin

‘Nobody Can Take Benefit Of Mistake Of Court’ : Supreme Court Refuses To Rely On ‘Inadvertent’ Order Enhancing Compensation

The Apex Court in the case of Ajai Pal Singh and Ors. V. State of Uttar Pradesh and Ors. held that no party can take advantage of the mistake committed by a Court while passing an order. 

The bench comprised of Justices MR Shah and AS Bopanna. The bench was hearing an appeal seeking increase of compensation for lands acquired by the NOIDA authority as per the notification issued in 1976. The appellants contended the 2014 judgment of Allahabad High Court in the case Mangu v. State of UP. The Allahabad High Court in this case passed a judgment to with regards to a batch of appeals related to the land acquisitions in 1992. One of the appeals was of 1997 and it got tagged by mistake in this judgment. As a result the land value of this acquisition got increased along with other acquisitions.

The appellants tagged contended this case of 1977. However the Supreme Court noted the fact that this was the mistake on the part of High Court. 

“…as such it was a mistake on the part of the High Court in not noticing the difference with regard to the acquisition of the years 1977 and 1991″, said the Supreme Court. The Court also said that the appellants cannot benefit from this mistake of the Court. The court also held that no one is allowed to take the advantage of the inadvertent mistake of fact committed by the Court or for that matter by any party. It is the duty of the advocate for claimants to correct the facts.

Image Credits: Bar and Bench

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s