1. Land acquisition for industrial development — Appeal for enhancement of compensation. (Para 2 )
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2018 Supreme(SC) 1031
SUPREME COURT OF INDIA
KURIAN JOSEPH, SANJAY KISHAN KAUL, JJ.
NANAK (DECEASED) THROUGH LRS – Appellant
VERSUS
NEW OKHLA INDUSTRIAL DEVELOPMENT AUTHORITY & ANR. – Respondents
CIVIL APPEAL NO(S). 10013-10014 OF 2018 [@ SPECIAL LEAVE PETITION (C) NO. 165, 947 OF 2017]
Decided on : 26-09-2018
The principle of granting just and reasonable compensation for acquired lands, based on previous Court decisions for similar lands.
Headnote:
compensation - industrial development - The court granted compensation at the rate of Rs. 297/-per sq. yard for lands acquired for industrial development in NOIDA.
Fact of the Case:
The appellants sought enhancement of compensation for lands acquired for industrial development in NOIDA.
Finding of the Court:
The court found that the appellants should be granted the same compensation rate as previously granted by the Court for lands in the same village and covered by the same notification.
Issues: Enhancement of compensation for acquired lands.
Ratio Decidendi: The court's decision was influenced by the previous compensation rate granted by the Court for similar lands in the same village and covered by the same notification.
Final Decision: The respondents were directed to deposit the compensation at the rate of Rs. 297/-per sq. yard along with all statutory benefits within three months. The appeals were disposed of.
Legal Category Hierarchy
Table of Contents
2. Appellants seek enhancement of compensation based on parity with other landholders in the same village under the same notification. (Para 2 )
3. Parity in compensation is warranted when lands are situated in the same village and covered by the same notification. (Para 2 , 3 )
4. Landholders in the same village under the same acquisition notification are entitled to equal compensation rates. (Para 3 )
5. Appeal allowed — Compensation enhanced to match the rate granted to other landholders in the same village. (Para 4 , 5 )
6. When is parity in compensation applicable for acquired land?
Parity in compensation is applicable and reasonable when the lands are situated in the same village and were acquired under the same notification. (Para 2 , 3 )
JUDGMENT
KURIAN, J.
1. Leave granted.
2. The appellants are here for enhancement of compensation in respect of the lands acquired for the purpose of industrial development of NOIDA. It is not in dispute that this Court has granted compensation at the rate of Rs. 297/-per sq. yard in respect of the land situated in the same village and covered by the same notification.
3. Therefore, it is only just and reasonable that the appellants are also granted the same compensation. Ordered accordingly.
4. The respondents are directed to deposit the amount of compensation at the rate of Rs. 297/-per sq. yard along with all statutory benefits within three months
5. In view of the above, the appeals are disposed of.
