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2016 Supreme(SC) 308
SUPREME COURT OF INDIA
KURIAN JOSEPH, R. BANUMATHI, JJ.
Ramo Bai & Ors. – Appellants
Versus
State of Haryana & Ors. – Respondents
Civil Appeal Nos. 4243-4254 of 2016 (Arising out of SLP (C) Nos. 9520-9531 of 2014) With Civil Appeal No. 4255 of 2016 (@ SLP (C)No. 11098/2016 @ CC No. 1521/2016) With Civil Appeal Nos. 4256-4260 of 2016 (@ SLP (C)Nos. 11099-11103/2016 @ CC Nos. 1501-1505/2016) With Civil Appeal Nos. 4261-4263 of 2016 (@ SLP (C) Nos. 11104-11106/2016 @ CC Nos. 5661-5663/2016)
Decided On : 19-04-2016
IMPORTANT POINTS
Land owners would be entitled to the same rate of compensation as granted to adjoining lands. However they will be disentitled to the statutory benefits for the period of delay in filing or refiling of SLP.
Headnote:Land Acquisition Act, 1894 – Section 23 – Compensation – Supreme Court granting compensation at the rate of Rs.325/- per Sq.Yd. in all cases covered by the same notification as that of the appellants – Held, they are also entitled to the same rate of compensation – However, appellants filing refiling SLPs after huge delay – Held, appellants not entitled to statutory benefits during the period of delay. (Para 5, 6)
(2013) 5 SCC 527 – Relied upon
C.A. No. 13788/2015 dated 23.11.2015 – Referred
Facts of the case:
In the High Court the appellants have been granted compensation at the rate of Rs.235/- per Sq. Yd. However, in the case of adjoining lands, the owners have been granted land value at the rate of Rs.325/- per sq.Yd. as per the decision in the case of Ashrafi v. State of Haryana, ( 2013) 5 SCC 527.
Finding of the Court:
Appellants are entitled to the enhanced rate of compensation as granted to adjoining lands.
Result: Appeal partly allowed.
JUDGMENT :
Kurian, J.
1. Leave granted.
2. The issue raised in all these appeals pertains to the claim for enhancement of compensation in respect of the land acquired from the appellants. In the High Court they have been granted compensation at the rate of Rs.235/- per Sq. Yd. However, in the case of adjoining lands, the owners have been granted land value at the rate of Rs.325/- per sq.Yd. as per the decision of this Court in the case of Ashrafi & Ors. Vs. State of Haryana reported in 2013 (5) SCC 527.
3. On a pointed question, the learned counsel for respondents has fairly submitted that the lands belonging to the appellants herein are also similarly situated as of Ashrafi case (supra). However, the learned counsel has made two strong submissions (1) all the appeals are filed after huge delay; (2) in one case of similar nature, this Court has granted compensation only at the rate of Rs.250/- per Sq. Yd. in the case of the Inder Singh versus State of Haryana & Ors. in C.A. No. 13788/2015 dated 23.11.2015.
4. It is true that in the case of Inder Singh (supra), this Court has limited the compensation of Rs.250/- per Sq.Yd. on examination of the materials placed before the Court. But, we find that in all other cases covered by the same Notification, the compensation has been enhanced at the rate of Rs.325/- per Sq. Yd. by this Court. The learned counsel for the appellants also submits that reportedly a Review Petition has been filed in the case of Inder Singh (supra).
5. Be that as it may. Since this Court has granted compensation at the rate of Rs.325/- per Sq.Yd. in all cases except that of Inder Singh, covered by the same Notification, we are of the view that the interest of justice would be advanced if the compensation at the rate of Rs.325/- per Sq.Yd. is also granted to the appellants herein.
6. However, we find force in the submission made by the learned counsel for the State that in any case appellants would not be entitled to any statutory benefits for the period covered by the delay in filing or refiling the special leave petitions on which leave has been granted.
7. Therefore, all these appeals are partly allowed holding that appellants will be entitled to the land value fixed at Rs.325/- per Sq.Yd. alongwith all statutory benefits. However, the appellants shall not be entitled to any statutory benefits for the period of delay in filing the special leave petitions and the period of delay in refilling the special leave petitions after curing the defects.
