D. Eswara Naidu vs Special Deputy Collector (L. A)

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2018 Supreme(SC) 1206

KURIAN JOSEPH, DEEPAK GUPTA, HEMANT GUPTA
D. Eswara Naidu – Appellant
Versus
Special Deputy Collector (L. A) – Respondent

Advocates:
Advocate Appeared:
For the Appellants : Mr. Thomas P. Joseph, Mr. V. Sridhar Reddy, Mr. Abhijit Sengupta
For the Respondent: Ms. Prerna Singh, Mr. Guntur Prabhakar

JUDGMENT :

Kurian, J.

C.A. @ SLP(C) Nos.28137/2017

1. Application for substitution is allowed subject to all just exceptions after condoning the delay and setting aside abatement in filing the substitution application.

2. Permission to special leave petition is granted.

3. Leave granted.

4. Learned senior counsel appearing for the appellants submits that for the trees covered by the very same Notification dated 27.09.1985 under Section 4(1) of the Land Acquisition Act, 1894, the claimants/similarly situated persons have been awarded compensation @ Rs.4,000/- per lemon tree, as per the very same acquisition of 1985.

5. We permit the appellants to go back to the High Court and seek modification of the impugned judgment.

6. Needless to say that in case similarly situated persons covered by the very same notification have been granted compensation @ Rs.4,000/- per lemon tree, the petitioners herein may not be discriminated on the ground of delay. However, in the event of grant of enhancement, they shall not be entitled for interest for the period of delay.

7. The appeal is, accordingly, disposed of.

1. L

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