NDLI: Ningappa Thotappa Angadi (dead) Through Lrs. Vs. The Special Land Acquisition Officer and Another

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	(4) & 18 1894 – ss.4(1) 17(1) Land Acquisition Act 6(1)
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Land Acquisition Act, 1894 (1 of 1894)
Case(s) Referred	Referred Case 0
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Land Acquisition Act, 1894 – ss.4(1), 6(1), 17(1), (4) & 18 – Long delay in filing SLP – Grant of enhanced compensation as granted in the case of other land owners, under the same acquisition, who appealed against the impugned judgment expeditiously – If permissible – Land situated in Yellapur Village, Hubli Taluka acquired for construction of Hubli Ankola Broad Gauge Railway Line – Land Acquisition Officer fixed the market value at the rate of Rs.7,500/- per gunta – Aggrieved, the appellant(s) and other similarly placed persons sought reference –Reference Court by common order enhanced the compensation to Rs 25,000/- per gunta (Rs.10,00,000/- per acre) – High Court in appeals by the Land Acquisition Officer, modified the award passed by Reference Court and reduced the compensation to Rs.5,10,000/- per acre – Some of the affected land owners filed Special Leave Petition(s) and Supreme Court vide judgment dtd. 11.11.16 passed in Civil Appeal No.2927/ 2010 allowed their appeals restoring the compensation of Rs.10,00,000/- per acre in their case, as awarded by the Reference Court – Present appellant(s) who was/were also aggrieved by the impugned judgment of the High Court did not file the appeal along with other similarly situated land owners – Present appeal filed with delay of 2928 days – Held: Delay condoned – It is undeniable that Supreme Court vide judgment dtd. 11.11.16 passed in C.A. No.2927/2010 (Ningappa Thotappa Angadi v. Special Land Acquisition Officer & Anr.) set aside the order of the High Court and restored the compensation awarded by the Reference Court – Appellant(s) are also similarly placed claimants and thus, entitled to seek parity and claim the same amount of fair and just compensation as awarded to other land owners – However, the appellant(s) are not entitled to any interest on the enhanced compensation and statutory amount for the period of delay of 2928 days in filing the appeal – Impugned order passed by the High Court, set aside – Award passed by the Reference Court, restored – Equity.
Judge	Hon'ble Mr. Justice Bhushan Ramkrishna Gavai Honble Mr. Justice Sharad Arvind Bobde Hon'ble Mr. Justice Surya Kant
Neutral Citation	2019 INSC 1365
Petitioner	Ningappa Thotappa Angadi (dead) Through Lrs.
Respondent	The Special Land Acquisition Officer And Another
SCR	[2019] 15 S.C.R. 37
Judgement Date	2019-12-13
Case Number	9415

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