Land Acquisition Act, 1894 – s.28(A) and s.4(1) – Redetermination of compensation in accordance with enhanced compensation awarded to other land owners when lands acquired under a common Notification – Lands owned by appellant, his father and his brother, which were situated in the same survey number, acquired under a common Notification issued u/s.4(1) in the year 1981 – Award of Land Acquisition Officer was contemporaneously challenged by Appellant, his father and his brother in the year 1997 in separate Reference petitions – In Reference petitions filed by appellant’s father and brother, the Reference Court enhanced the compensation to Rs. 8,500/- per Are – In case of appellant however, the Reference Court held that his Reference Application was barred by limitation – Relying upon s.28(A), claim of appellant for re-determination of compensation in accordance with enhanced compensation awarded to his father and brother – Held: The Reference Court did not advert to earlier judgments passed by the same Court in Reference Applications filed by father and brother of Appellant, wherein a uniform rate of Rs. 8,500 per Are was granted – The Reference Court did not hold that delay in filing Reference Petitions in the case of father and brother of Appellant was a ground to deny them relief – Land belonging to Appellant is similarly situated in the same Survey – No reason why compensation awarded in Reference Applications filed by father and brother of Appellant is not granted to Appellant @ Rs.8,500 per Are for land which was acquired under the same Notification.
Allowing the appeal, the Court
HELD: The Reference Court has not even adverted to the earlier judgments passed by the same Court in L.A.R. No. 25/1997 filed by the father, and L.A.R. No. 22/97 filed by the brother of the Appellant, wherein a uniform rate of Rs. 8,500 per Are was granted. The Reference Court did not hold that the delay in filing the Reference Petitions in the case of the father and the brother of the Appellant was a ground to deny them relief. The land belonging to the Appellant is similarly situated in the same Survey No. 166. There is no reason why the compensation awarded in L.A.R. No. 22/97 and L.A.R. No. 25/97 is not granted to the present Appellant @ Rs.8,500 per Are for land which has been acquired under the same Notification dated 11.05.1981. It is considered appropriate to grant compensation to the Appellant @ Rs.8,500 per Are for the land owned by him. The Appellant is entitled to Solatium @ 30% of the amount awarded, and other benefits under Section 23(1A) and Section 28 of the Land Acquisition Act, 1894, as well as half of the costs incurred in the proceedings. Appellant is further entitled to Interest at the same rate as awarded to the claimants in L.A.R. No. 22/97 and L.A.R. No. 25/97 filed at the instance of the father and brother of the appellant. [Paras 15, 16][170-A-E]
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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