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2021 Supreme(SC) 1074

SUPREME COURT OF INDIA
Uday Umesh Lalit, Hemant Gupta, S. Ravindra Bhat, JJ.
Asha Ram (D) Thr. Lrs & Ors., Etc. Etc. - Petitioners
Versus
U.P Awas Evam Vikash Parishad & Anr. Etc. - Respondents
Review Petition (Civil) Nos. of 2021 (Diary No.10593 of 2021) In Civil Appeal Nos.337, 340, 353, 360 and 386 of 2021
Yasin (D) Thr. Lrs. & Anr. - Petitioners
Versus
U.P Awas Evam Vikash Parishad & Ors. - Respondents
Review Petition (Civil) No. of 2021 (Diary No.10896 of 2021) In Civil Appeal No.384 of 2021
Dinesh Kumar Etc. Etc. - Petitioners
Versus
U.P Awas Evam Vikash Parishad & Ors. Etc.Etc. – Respondents
Review Petition (Civil) Nos. of 2021 (Diary No.10912 of 2021) In Civil Appeal Nos.359, 377, 378, 379, 387 of 2021
Decided On : 08-12-2021

The court upheld the compensation awarded by the Reference Court as the correct measure and found no error apparent on record to justify interference in Review Jurisdiction.

Headnote:

Review Petitions - Compensation for Land Acquisition - The court rejected the applications for listing Review Petitions in open Court but allowed the applications for permission to file Review Petitions. The judgment under review concluded that the compensation awarded by the Reference Court was the correct measure and that the market value determined by the High Court could not be sustained. None of the grounds raised in support of the Review Petitions made out any error apparent on record to justify interference in Review Jurisdiction.

Fact of the Case:

The judgment under review considered the compensation awarded by the Reference Court and the market value determined by the High Court.

Finding of the Court:

The court found that the compensation awarded by the Reference Court was the correct measure and that the market value determined by the High Court could not be sustained. None of the grounds raised in support of the Review Petitions made out any error apparent on record to justify interference in Review Jurisdiction.

Issues: Review Petitions, Compensation Measure, Error Apparent on Record

Ratio Decidendi: The compensation awarded by the Reference Court was upheld as the correct measure, and the market value determined by the High Court was deemed unsustainable. The court found no error apparent on record to justify interference in Review Jurisdiction.

Final Decision: All the Review Petitions were dismissed.

ORDER :

1. Applications for listing Review Petitions in open Court are rejected.

2. Applications for permission to file Review Petitions are allowed.

3. The judgment under review had considered the rival submissions and all the circumstances on record and then concluded that compensation awarded by the Reference Court at the rate of Rs.120/-per square yard was the correct measure and that the market value determined by the High Court could not be sustained either on the basis of the sale-deeds or on the strength of judicial order.

4. We have gone through the contents of the Review Petitions. None of the ground raised in support of the Review Petitions makes out any error apparent on record to justify interference in Review Jurisdiction.

All the Review Petitions are, therefore, dismissed.

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