Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1894 Land Acquisition Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Land Acquisition Act, 1894 – Enhancement of compensation – Plea of – Two separate Land Acquisition proceedings were carried out to acquire lands – In one proceeding notification u/s.4 was issued on 30.04.1976 – The Special Land Acquisition Officer declared the award for compensation @Rs.2.38 per square yard – However, the Reference Court enhanced the compensation to Rs.4.628 per square yard – Aggrieved, the land owners filed appeals before the High Court, which were dismissed – In another proceeding, notification u/s.4 was issued on 16.09.1976 – The Reference Court enhanced the compensation to Rs.6 per square yard – The High Court dismissed the appeal for enhanced compensation and confirmed the judgment passed by the Reference Court – Both the appeals are before the Supreme Court – Appellants from both sides pleaded to enhance the compensation to Rs. 297/- per square yard by relying on the judgment and order passed by the High Court in Mangu and Ors. v. State of U.P. – Held: The case of Mangu and Ors., notification u/s. 4 of the Act was issued in the year 1991, but in the present case the notification u/s. 4 of the Act was issued in the year 1976 – The said judgment and order passed by the High Court in the case of Mangu and Ors. cannot be said to be comparable because of the time gap of approximately 15 years between the dates of acquisition – 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 the acquisition of the year 1991 – However, in the case of Jagmal Vs. State of U.P., the High Court noted and determined the compensation @ Rs.28.12 paisa per square yard and same was confirmed by the Supreme Court – Therefore, as such at the most, the claimants can be said to be entitled to compensation @ Rs.28.12 paisa per square yard with regard to the lands acquired in the year 1976-1977. |
Judge | Hon'ble Mr. Justice M.R. Shah |
Neutral Citation | 2021 INSC 531 |
Petitioner | Ajay Pal Singh & Ors. |
Respondent | State Of Uttar Pradesh & Anr. |
SCR | [2021] 7 S.C.R. 671 |
Judgement Date | 2021-09-23 |
Case Number | 5738-5739 |
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