Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1894: Delay of 22 years in preferring first appeals – Acquisition notification was issued in 1982 – Reference court determined compensation at Rs.20 per yard Land Acquisition Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Land Acquisition Act, 1894: Delay of 22 years in preferring first appeals – Acquisition notification was issued in 1982 – Reference court determined compensation at Rs. 20 per yard – After a period of 22 years, land owners filed first appeals – By impugned judgment, the High Court condoned delay of 22 years and enhanced the amount of compensation to Rs. 149 per sq.yard at par with the land owners in the case of Deo Karan & Ors. by which this Court with respect to the acquisition of the year 1982 determined the compensation at Rs. 149/- per sq.yard – Held: The land owners were rightly held entitled to compensation at Rs. 149/- per sq.yard at par with other land owners whose lands were acquired in the year 1982 – However, submission of the land owners that they are entitled to compensation @ Rs. 297/- per sq.yard relying upon the decision of this Court in the case of Nanak (Deceased) cannot be accepted as the land owners had not preferred the appeals before this Court and it was NOIDA who had filed these appeals – However, to saddle with the liability to pay statutory benefits and interest for the delayed period of 22 years upon the beneficiary/acquiring body would be a financial burden upon the public body and it may increase the project cost which shall be against the public interests – Therefore, while condoning the delay and enhancing the amount of compensation at par with other land owners, the High Court ought not to have saddled the liability upon the appellant to pay statutory benefits and the interest payable under the Land Acquisition Act, 1894 for the delayed period – To that extent the impugned judgment is modified. |
Judge | Hon'ble Mr. Justice M.R. Shah |
Neutral Citation | 2022 INSC 1213 |
Petitioner | New Okhla Industrial Development Authority |
Respondent | Rameshwar @ Ramesh Chandra Sharma (dead) Through Legal Heir & Anr. |
SCR | [2022] 15 S.C.R. 609 |
Judgement Date | 2022-11-17 |
Case Number | 8331-8345 |
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