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.
Partly allowing the appeal, the Court
HELD: 1.1 The submissions made on behalf of the appellant that the High Court has erred in condoning the delay of 16/26 years in preferring the appeal is concerned, in the peculiar facts and circumstances of the case and considering the fact that even while enhancing the amount of compensation and entertaining the appeal, the High Court has denied the interest for the period of delay and has exercised its discretion in favour of the claimants, there is no reason to interfere with the order passed by the High Court condoning the delay in preferring the appeal. [Para 5.1][736H; 737-A-B]
1.2 The acquisition is of the year 1982 and in all other relied upon cases the acquisition(s) is/are of the year 1986/88. In all those cases, where the amount of compensation has been determined @ Rs.297/- per sq.yard, the acquisition(s) is/are of the years 1986/1988 with respect to the Village Makanpur and other nearby villages acquired for the development of NOIDA/Ghaziabad. In the case of Narendra’s case, this Court had enhanced the amount of compensation to Rs.297/- per sq.yard with respect to the land acquired in Village Makanpur and other surrounding villages acquired for the very same project, but with respect to the acquisition of the years 1986/1988. However, subsequently in the case of U.P. Awas Avam Vikas Parishad’s case and after considering the decision of this Court in the case of Narendra’s case with respect to the village Makanpur and other surrounding villages with respect to the acquisition of the year 1982, this Court has determined the compensation at Rs.120/per sq.yard. In the said decision, while refusing to accept the claim of Rs.297/- per sq.yard as awarded in the case of Narendra’s case which was with respect to the acquisition of 1988, this Court has observed that the 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. This Court has also taken note of the fact that between the year 1982 and 1987/1988, development activities had been undertaken. Applying the law laid down by this Court in the case of U.P. Awas Avam Vikas Parishad 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. In the instant case, Section 4 Notification had been 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 as observed by this Court in the said decision in the case of U.P. Awas Avam Vikas Parishad’s case, cannot be the basis. Under the above circumstances, the impugned judgment and order passed by the High Court awarding compensation @ Rs.297/- per sq.yard is unsustainable and it is held that the original claimants would be entitled to compensation at the rate of Rs.120/- per sq.yard. [Para 5.2][737-B-H; 738-AB]
1.3 The impugned judgment and order passed by the High Court is modified. It is ordered and directed that the original claimants would be entitled to compensation at the rate of Rs.120/- per sq.yard along with all other statutory benefits and interest allowable under the provisions of Land Acquisition Act, 1894. However, the claimants would not be entitled to the statutory benefits including the interest under the Act, 1894 on the enhanced amount of compensation for the delayed period in preferring the appeal before the High Court i.e. from the date of rejection of the review application till the first appeal was filed before the High Court. [Para 6][738-C-D]
Asha Ram (Dead) through LRs and Others vs. U.P. Awas Avam Vikas Parishad and Another (2022) 2 SCC 567 – relied on.
Narendra and Others vs. State of Uttar Pradesh and Others (2017) 9 SCC 426 : [2017] 11 SCR 540 –
referred to.
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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