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SUPREME COURT OF INDIA
Anil R. Dave, Adarsh Kumar Goel, JJ.
Gopal Krushna Goshala - Appellants
Versus
Orissa Indus. Infra. Dev. Corp. & Ors. - Respondents
Civil Appeal Nos. 9690-9691 of 2010
Decided On : 10-02-2016
Compensation - Homestead Land - The court modified the impugned judgment and increased the compensation for the homestead land based on the sale deeds provided by the owners of the land.
Fact of the Case:
The High Court had reduced the amount of compensation for the homestead land from Rs. 5,00,000/- to Rs. 2,50,000/- per acre, which was contested by the parties. The Supreme Court reviewed the impugned judgment and the evidence considered by the High Court.
Finding of the Court:
The Supreme Court found that the High Court's reduction of the compensation amount was not justified, especially in view of the sale deeds provided by the owners of the land. The court concluded that Rs. 4,00,000/- per acre is the fair amount of compensation for the homestead land and modified the impugned judgment accordingly.
Issues: The main issue was the appropriate amount of compensation for the homestead land, which was contested by the parties.
Ratio Decidendi: The court's decision was influenced by the sale deeds provided by the owners of the land, which supported the higher compensation amount. The court emphasized the fair value of the homestead land based on the evidence presented.
Final Decision: The civil appeals were disposed of with the modification of the impugned judgment, increasing the compensation for the homestead land to Rs. 4,00,000/- per acre.
JUDGMENT :
Anil R. Dave, J.
Heard the learned counsel for the parties.
2. Upon perusal of the impugned judgment and the evidence which had been considered by the High Court, we are of the view that the High Court ought not to have reduced the amount of compensation for the homestead land from Rs. 5,00,000/- (Rupees five lakhs) to Rs. 2,50,000/- (Rupees two lakhs fifty thousand) per acre, especially in view of the sale deeds which had been executed on 21st November, 1979 and had been placed on record by the owners of the land.
3. Upon considering the facts of the case, we feel that Rs. 4,00,000/- (Rupees four lakhs) per acre is the fair amount of compensation for the homestead land. Therefore, we modify the impugned judgment accordingly. Needless to say that on the said amount all statutory benefits, including interest, shall be paid.
4. The civil appeals are accordingly disposed of with no order as to costs. Pending applications, if any, stand disposed of.
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