Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1894: ss. 4 18 – Land acquisition – Enhancement of compensation – Land in question acquired for the planned development by the NOIDA Land Acquisition Act 6 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
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, 6, 18 – Land acquisition – Enhancement of compensation – Land in question acquired for the planned development by the NOIDA, vide Notification dated 22.11.1982 – Award of compensation at Rs. 30,000/- per bigha – Reference u/s. 18 by original owner-father of the respondent, raising objections against the award and claiming enhanced compensation – Reference dismissed – Review application also dismissed – After a period of 16 years, from the date of rejection of review applications, the respondent filed an appeal – High Court while condoning delay, enhanced the compensation to Rs. 297/- per sq. yard, however, denied the interest during the period of delay – On appeal, held: Compensation determined on the basis of the Notification 5 years later, cannot be a yardstick for determining the compensation for the land which is acquired five years before – Applying the law laid down by this Court in U.P. Awas Avam Vikas Parishad’s case, to the instant case, the claimants would not be entitled to the same compensation as awarded with respect to the lands acquired after 5 years from the date of acquisition in the instant case – On facts, notification u/s. 4 was issued on 22.11.1982 and the relied upon decisions with respect to Village Makanpur and other villages are of the year 1986/88, which cannot be the basis – As regards, the delay of 16/26 years, the High Court while enhancing compensation, denied the interest for the period of delay thus, no reason to interfere with the order passed by the High Court condoning the delay – Thus, the impugned judgment and order passed by the High Court awarding compensation @ Rs. 297/- per sq. yard is unsustainable and the original claimants would be entitled to compensation at the rate of Rs. 120/- per sq.yard. |
Judge | Hon'ble Mr. Justice M.R. Shah |
Neutral Citation | 2022 INSC 1284 |
Petitioner | New Okhla Industrial Development Authority |
Respondent | Omvir Singh & Ors. |
SCR | [2022] 17 S.C.R. 729 |
Judgement Date | 2022-12-15 |
Case Number | 729-738 |
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