NDLI: Khatoon & Ors. Vs. The State of U.p. Through Pricipal Secretary & Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	1894 – ss.4 Land Acquisition Act 6 and 17
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 Dismissed
Headnote	Land Acquisition Act, 1894 – ss.4,6 and 17 – State acquiredhundreds of hectares of land situated in several villages – Aggrieved,some landowners filed writ petitions – Lead judgment passed byHigh Court in writ petition entitled Gajraj & Ors. v. State of U.P. &Ors. – High Court though upheld the acquisition but directed theState to pay enhanced provisional additional compensation to writpetitioners at the rate of 64.70% for their acquired land and alsoto allot each writ petitioner one developed abadi plot to the extentof 10% of their acquired land – Same was upheld by the SupremeCourt in Savitri Devi v. State of U.P. & Ors. – Fresh writ petitionswere filed by some other landowners-appellants, whose lands werealso acquired in these acquisition proceedings – They pleaded thatthey were also entitled to claim the same reliefs, which were grantedto writ petitioners by the High Court – Additional compensation towrit petitioners at the rate 64.70% was already implemented by theState by paying compensation to all the landowners including theappellants without any contest – Therefore, the only questionremained, whether the appellants are also entitled to claim the reliefof allotment of developed abadi plot to the extent of 10% of theiracquired land – Relief declined by the High Court – On appeal,held: Appellants not entitled to get the benefit of the relief ofallotment of developed abadi plot – High Court in earlier writpetitions had, in express terms, granted the relief of allotment ofdeveloped abadi plot confining it only to the landowners, who hadfiled the writ petitions – Further, High Court had directed theAuthority to decide at their end as to whether they are willing toextend the same benefit to other similarly situated landownersappellantsor not – The Authority decided to extend the benefit inrelation to payment of an additional compensation, however, it declined to extend the benefit in relation to allotment of developedabadi plot to such landowners-appellants – Also, the Authority didnot extend the benefit regarding allotment of additional abadi plotto even those earlier landowners-writ petitioners in whose favourthe original directions were issued by the High Court and whenlandowners filed contempt petition the same was dismissed by theSupreme Court – Therefore, landowners-appellants have neitherany legal right and nor any factual foundation to claim the relief ofallotment of additional developed abadi plot.
Judge	Hon'ble Mr. Justice Abhay Manohar Sapre
Neutral Citation	2018 INSC 148
Petitioner	Khatoon & Ors.
Respondent	The State Of U.p. Through Pricipal Secretary & Ors.
SCR	[2018] 10 S.C.R. 375
Judgement Date	2018-02-15
Case Number	2127

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Khatoon & Ors. Vs. The State of U.p. Through Pricipal Secretary & Ors.

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Khatoon & Ors. Vs. The State of U.p. Through Pricipal Secretary & Ors.

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