Back
SUPREME COURT OF INDIA
M.R. SHAH, A.S. BOPANNA, JJ.
Ajai Pal Singh and Others – Appellants
Versus
State of Uttar Pradesh and Another – Respondents
With
Smt. Barfi Devi (Dead) through LRs. and Others – Appellants
Versus
State of Uttar Pradesh and Another – Respondents
Civil Appeal Nos. 5738-5739, 5740 of 2021
Decided On : 23-09-2021
Land Acquisition Act, 1894 – Section 18 – Acquisition of land – Quantum of compensation – Claim for compensation @ Rs.297/- per square yard – Nobody can be permitted to take benefit of mistake either of Court or of any party which mistake has occurred inadvertently and without noticing peculiar facts – As such, it was duty of Advocate for claimants to point out correct facts – With regard to acquisition pertaining to year 1976-1977 consistently High Court has determined compensation @ Rs.28.12 paisa per square yard – Even in one case, where High Court determined compensation @ Rs.28.12 paisa per square yard with regard to acquisition pertaining to year 1976-1977, special leave petition has been dismissed as withdrawn by this Court – As such, at the most, claimants can be said to be entitled to compensation @ Rs.28.12 paisa per square yard with regard to lands acquired in year 1976-1977 – As per settled preposition of law, compensation determined for lands acquired subsequently cannot be said to be comparable at all – Even otherwise, in facts and circumstances, same cannot be said to be comparable because of fact that it has come on record that in year 1976 when lands in question were acquired, there was no development at all, however, subsequently, after 1980 development had taken place and even development plan has been sanctioned at the time when land was acquired in the year 1983 – Original landowners-claimants-appellants herein are entitled to compensation @ Rs.28.12 paisa per square yard with respect to lands acquired in year 1976 – Impugned judgment and order passed by High Court modified to that extent – Claimants shall be entitled to statutory benefits as may be available under provisions of Land Acquisition Act on enhanced amount of compensation @ Rs.28.12 paisa per square yard. (Paras 13, 13.3, 14 and 15)
Facts of the case:
Only point for determination in these appeals is whether present appellants – landowners/claimants are justified in claiming compensation @ Rs.297/- per square yard claiming parity of judgment dated 03.12.2014 passed in First Appeal No. 1100 of 2004 and the common judgment and order disposing of the First Appeal (D) Nos. 21 of 1987; 52 of 1987; 162 of 1987 and 17 of 1987 alongwith the First Appeal No. 1100 of 2004, determining the compensation @ Rs.297/- per square yard?
Findings of Court:
Assuming for the time being that as the review applications are pending, this Court may not take note of the subsequent events of filing review applications, which are yet to be decided by the High Court, in that case also and for the reasons stated above and considering obvious mistake referred to herein above, the claimants in the present case cannot claim the compensation @ Rs.297/- per square yard relying upon the decision in the case of Mangu and Ors. with regard to acquisition of the year 1991.
Result : Appeals Partly allowed.
JUDGMENT :
M.R. SHAH, J.
1. Feeling aggrieved and dissatisfied with the impugned common judgment and order dated 15.12.2016 passed by the High Court of judicature at Allahabad in First Appeal Nos. 195 of 1983 and 487 of 1984 by which the High Court has dismissed the said appeals and has confirmed the judgment and the order passed by the Reference Court awarding the compensation of the lands acquired @ Rs. 4.628 per square yard, original landowners have preferred the present appeals being Civil Appeal Nos. 5738-5739 of 2021. The appellants have also challenged the common order dated 02.11.2016 in Civil Misc. Application No. 167571 of 2016 in First Appeal No. 487 of 1984 by which the High Court has dismissed the application for bringing on record certain additional documents filed under Order XLI Rule 27 of the Civil Procedure Code.
2. Civil Appeal No. 5740 of 2021 has arisen out of the impugned judgment and order passed by the High Court by which the High Court has dismissed the First Appeal No. 203 of 1983 and has confirmed the judgment and order passed by the learned Reference Court awarding the compensation for the lands acquired @ Rs. 6/- per square yard.
Civil Appeal Nos. 5738-5739 of 2021
3. A notification under Section 4 of the Land Acquisition Act (hereinafter referred to as “Act”) was issued on 30.04.1976 proposing to acquire 589 bigha, 6 biswa and 14 biswansi land. The land was to be acquired for New Okhla Industrial Development Authority (hereinafter referred to as “NOIDA”) constituted under the provisions of U.P. Industrial Development Act, 1976 for the purpose of planned development of industries in the area within the jurisdiction of NOIDA. Declaration under Section 6 was published on 01.05.1976. Possession of land was taken by the Collector on 31.07.1977. The Special Land Acquisition Officer declared the award for compensation on 28.03.1977 offering compensation @ Rs. 10,200/- per bigha, i.e. Rs. 2.38 per square yard. At the instance of the landowners, a Reference was made to the Reference Court under Section 18 of the Land Acquisition Act to enhance the amount of compensation. Before the Reference Court, landowners claimed compensation at the rate of Rs. 10/- per square yard. However, after considering the material on record, the Reference Court enhanced the compensation to Rs. 14,000/- per bigha (Rs. 4.628 per square yard).
4. Feeling aggrieved and dissatisfied with the judgment and order passed by the Reference Court enhancing the compensation to Rs. 14,000/- per bigha only (Rs. 4.628 per square yard), the landowners preferred the First Appeal Nos. 195 of 1983 and 487 of 1984 before the High Court of judicature at Allahabad and by the impugned common judgment and order, the High Court has dismissed the said appeals. Before the High Court, an application under Order XLI Rule 27 was preferred to bring on record certain documents as additional evidence, which was also dismissed by the High Court by order dated 02.11.2016.
5. Feeling aggrieved and dissatisfied with the impugned common judgment and order passed by the High Court dismissing the appeals and confirming the order passed by the Reference Court enhancing the compensation to Rs. 4.628 per square yard, the claimants- original landowners have preferred the present appeals.
Civil Appeal No. 5740 of 2021
6. So far as Civil Appeal No. 5740 of 2021 is concerned, a notification under Section 4 of the Land Acquisition Act was issued to acquire 154 bigha 9 biswa and 11 biswansi of land at Village Baraula, Pargana and District Ghaziabad also for the development of the NOIDA and for the said purpose, the notification under Section 4 was issued on 16.09.1976. Declaration under Section 6 was issued on 16.09.1976. At the instance of the original landowners, reference was made before the District Court under Section 18 of the Land Acquisition Act. The Reference Court-the
Acquisition of land – Compensation determined for lands acquired subsequently cannot be said to be comparable at.
Acquisition of land – Compensation determined on the basis of Notification 5 years later, cannot be a yardstick for determining compensation for land which is acquired five years before.
Acquisition of land – Quantum of compensation must be uniform for lands acquired for same public purpose.
(1) Acquisition of land – Where there exists no direct piece of evidence to determine fair and just compensation, Court will resort to settled principle of Guesstimation.(2) Acquisition of land – Det....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
