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2017 Supreme(SC) 1685
SUPREME COURT OF INDIA
KURIAN JOSEPH, R. BANUMATHI, JJ.
Arun Kumar & Ors. Etc. - Appellants
Versus
Union of India Etc. - Respondents
Civil Appeal Nos. 9845-9858 & 9859-9860 of 2017 [@ Special Leave Petition (C) Nos. 9513-9514 & 9497-9510 of 2016]
Decided On : 28-07-2017
Advocate Appeared:
For the Appellants : Mr. Amrendra Sharan, Mr. Piyush Hans, Ms. Apradhita Mukherjee, Mr. B.S. Gautam, Mr. Ravindra Bana, Dr. Shiva Sharma, Mr. Rachit Batra, Mr. Daya Krishan Sharma
For the Respondents: Mr. Sangram S. Saron, Mr. Shree Pal Singh
The main legal principle established is that in cases of land acquisition, the entitlement of enhancement based on a cumulative basis can be granted, as evidenced by the precedent of similar cases.
Headnote:
Compensation - Land Acquisition - Enhancement based on Cumulative Basis - The appellants were granted enhancement of compensation for their lands acquired by the respondents on the basis of 15% annual increase cumulatively, as granted in other similar cases.
Fact of the Case:
The appellants approached the Court due to the insufficiency of the compensation for their lands acquired by the respondents. The notice was limited to the entitlement of enhancement based on a cumulative basis.
Finding of the Court:
The Court found that in similar cases, enhancement was granted with compensation calculated on the basis of 15% increase on a cumulative basis. Therefore, the appeals were allowed, and the judgment was substituted to grant the appellants a 15% increase at Rs. 192 per sq. yard for the gap period of two years and six months on a cumulative basis.
Issues: The main issue was the insufficiency of the compensation for the acquired lands and the entitlement of enhancement based on a cumulative basis.
Ratio Decidendi: The court's decision was influenced by the precedent of granting enhancement on a cumulative basis in similar cases, leading to the allowance of the appeals and the substitution of the judgment to provide the appellants with the desired enhancement.
Final Decision: The appeals were allowed, and the judgment was substituted to grant the appellants a 15% increase at Rs. 192 per sq. yard for the gap period of two years and six months on a cumulative basis.
JUDGMENT :
Kurian, J.
1. Leave granted.
2. The appellants approached this Court aggrieved by the insufficiency of the compensation of their lands acquired by the respondents. The notice in this case was limited to the entitlement of enhancement based on cumulative basis. The notice reads as follows :
“.......
Issue notice in both the Special Leave Petitions limited to the claim for enhancement on the basis of 15% annual increase cumulatively, as has been granted in other cases.”
3. There is no dispute that in similar cases, the enhancement was granted by this Court with the compensation calculated on the basis of 15% increase on cumulative basis. Therefore, these appeals are allowed and the Judgment, as far as the annual increase is concerned, shall stand substituted as follows :-
“All the appellants will be entitled to 15% increase at Rs. 192 per sq. yard for the gap period of two years and six months on cumulative basis.”
There shall be no order as to costs.
Pending interlocutory applications, if any, stand disposed of.
